(a) The following named diseases and conditions are
declared to be dangerous to the public health and are hereby made reportable
within the time period specified after the disease or condition is reasonably
suspected to exist:

(b) For purposes of reporting, "confirmed human immunodeficiency
virus (HIV) infection" is defined as a positive virus culture, repeatedly
reactive EIA antibody test confirmed by western blot or indirect
immunofluorescent antibody test, positive nucleic acid detection (NAT) test, or
other confirmed testing method approved by the Director of the State Public
Health Laboratory conducted on or after February 1, 1990. In selecting
additional tests for approval, the Director of the State Public Health
Laboratory shall consider whether such tests have been approved by the federal
Food and Drug Administration, recommended by the federal Centers for Disease
Control and Prevention, and endorsed by the Association of Public Health
Laboratories.

(a) When a report of a disease or condition is required to
be made pursuant to G.S. 130A‑135 through 139 and 10A NCAC 41A .0101,
with the exception of laboratories, which shall proceed as in Subparagraph (d),
the report shall be made to the local health director as follows:

(1) For diseases and conditions required to be
reported within 24 hours, the initial report shall be made by telephone, and
the report required by Subparagraph (2) of this Paragraph shall be made within
seven days.

(2) In addition to the requirements of
Subparagraph (1) of this Paragraph, the report shall be made on the
communicable disease report card or in an electronic format provided by the
Division of Public Health and shall include the name and address of the
patient, the name and address of the parent or guardian if the patient is a
minor, and epidemiologic information.

(3) In addition to the requirements of
Subparagraphs (1) and (2) of this Paragraph, forms or electronic formats
provided by the Division of Public Health for collection of information
necessary for disease control and documentation of clinical and epidemiologic
information about the cases shall be completed and submitted for the following
reportable diseases and conditions identified in 10A NCAC 41A .0101(a):

(A) acquired immune deficiency syndrome (AIDS);

(B) brucellosis;

(C) cholera;

(D) cryptosporidiosis;

(E) cyclosporiasis;

(F) E. coli 0157:H7 infection;

(G) ehrlichiosis;

(H) Haemophilus influenzae, invasive disease;

(I) Hemolytic-uremic syndrome/thrombotic
thrombocytopenic purpura;

(J) hepatitis A;

(K) hepatitis B;

(L) hepatitis B carriage;

(M) hepatitis C;

(N) human immunodeficiency virus (HIV) confirmed;

(O) legionellosis;

(P) leptospirosis;

(Q) Lyme disease;

(R) malaria;

(S) measles (rubeola);

(T) meningitis, pneumococcal;

(U) meningococcal disease;

(V) mumps;

(W) paralytic poliomyelitis;

(X) psittacosis;

(Y) Rocky Mountain spotted fever;

(Z) rubella;

(AA) rubella congenital syndrome;

(BB) tetanus;

(CC) toxic shock syndrome;

(DD) trichinosis;

(EE) tuberculosis;

(FF) tularemia;

(GG) typhoid;

(HH) typhoid carriage (Salmonella typhi);

(II) vibrio infection (other than cholera); and

(JJ) whooping cough.

Communicable disease report cards, surveillance forms, and electronic
formats are available from the Division of Public Health, 1915 Mail
Service Center, Raleigh, North Carolina 27699-1915, and from local health
departments.

(b) Notwithstanding the time frames established in 10A NCAC
41A .0101, a restaurant or other food or drink establishment shall report all
outbreaks or suspected outbreaks of foodborne illness in its customers or
employees and all suspected cases of foodborne disease or foodborne condition
in food‑handlers at the establishment by telephone to the local health
department within 24 hours in accordance with Subparagraph (a)(1) of this
Rule. However, the establishment is not required to submit a report card or
surveillance form pursuant to Subparagraph (a)(2) of this Rule.

(c) For the purposes of reporting by restaurants and other
food or drink establishments pursuant to G.S.130A‑138, the following
diseases and conditions listed in 10A NCAC 41A .0101(a) shall be reported:

(1) The results of the specified tests for
syphilis, chlamydia and gonorrhea shall be reported to the local health
department by the first and fifteenth of each month. Reports of the results of
the specified tests for gonorrhea, chlamydia and syphilis shall include the
specimen collection date, the patient's age, race, and sex, and the submitting
physician's name, address, and telephone numbers.

(2) Positive darkfield examinations for
syphilis, all reactive prenatal and delivery STS titers, all reactive STS
titers on infants less than one year old and STS titers of 1:8 and above shall
be reported within 24 hours by telephone to the HIV/STD Prevention and Care
Branch at (919) 733‑7301, or the HIV/STD Prevention and Care Branch
Regional Office where the laboratory is located.

(3) With the exception of positive laboratory
tests for human immunodeficiency virus, positive laboratory tests as defined in
G.S. 130A-139(1) and 10A NCAC 41A .0101(c) shall be reported to the Division of
Public Health electronically, by mail, by secure telefax or by telephone within
the time periods specified for each reportable disease or condition in 10A NCAC
41A .0101(a). Confirmed positive laboratory tests for human immunodeficiency
virus as defined in 10A NCAC 41A .0101(b) and for CD4 results defined in 10A
NCAC 41A .0101(c)(4) shall be reported to the HIV/STD Prevention and Care
Branch within 24 hours of obtaining reportable test results. Reports shall
include as much of the following information as the laboratory possesses:

(a) Upon receipt of a report of a communicable disease or
condition pursuant to 10A NCAC 41A .0101, the local health director shall:

(1) immediately investigate the circumstances
surrounding the occurrence of the disease or condition to determine the
authenticity of the report and the identity of all persons for whom control
measures are required. This investigation shall include the collection and
submission for laboratory examination of specimens necessary to assist in the
diagnosis and indicate the duration of control measures;

(2) determine what control measures have been
given and ensure that proper control measures as provided in 10A NCAC 41A .0201
have been given and are being complied with;

(3) forward the report as follows:

(A) The local health director shall forward all
authenticated reports made pursuant to G.S. 130A‑135 to 137 of syphilis,
chancroid, granuloma inguinale, and lymphogranuloma venereum within seven days
to the regional office of the Division of Public Health. In addition, the
local health director shall telephone reports of all cases of primary,
secondary, and early latent (under one year's duration) syphilis to the
regional office of the HIV/STD Prevention and Care Branch within 24 hours of
diagnosis at the health department or report by a physician.

(B) The local health director shall telephone all
laboratory reports of reactive syphilis serologies to the regional office of
the Division of Public Health within 24 hours of receipt if the person tested
is pregnant. This shall also be done for all other persons tested unless the
dilution is less than 1:8 and the person is known to be over 25 years of age or
has been previously treated. In addition, the written reports shall be sent to
the regional office of the Division of Public Health within seven days.

(C) Except as provided in (a)(3)(A) and (B) of this
Rule, a local health director who receives a report pursuant to 10A NCAC 41A
.0102 regarding a person residing in that jurisdiction shall forward the
authenticated report to the Division of Public Health within seven days.

(D) Except as provided in (a)(3)(A) and (B) of this
Rule, a local health director who receives a report pursuant to 10A NCAC 41A
.0102 regarding a person who resides in another jurisdiction in North Carolina
shall forward the report to the local health director of that jurisdiction
within 24 hours. A duplicate report card marked "copy" shall be
forwarded to the Division of Epidemiology within seven days.

(E) A local health director who receives a report
pursuant to 10A NCAC 41A .0102 regarding a person who resided outside of North
Carolina at the time of onset of the illness shall forward the report to the
Division of Public Health within 24 hours.

(b) If an outbreak exists, the local health director shall
submit to the Division of Public Health within 30 days a written report of the
investigation, its findings, and the actions taken to control the outbreak and
prevent a recurrence.

(c) Whenever an outbreak of a disease or condition occurs
which is not required to be reported by 10A NCAC 41A .0101 but which represents
a significant threat to the public health, the local health director shall give
appropriate control measures consistent with 10A NCAC 41A .0200, and inform the
Division of Public Health of the circumstances of the outbreak within seven
days.

History Note: Authority G.S. 130A‑141; 130A‑144;

Temporary Rule Eff. February 1, 1988, for a period of 180
days to expire on July 29, 1988;

(a) A person may request, for bona fide research purposes,
the release of records which pertain to a communicable disease or communicable
condition and which identify individuals. The request shall be in writing and
shall contain the following information:

(1) Name of organization requesting the data;

(2) Names of principal investigators;

(3) Name of project;

(4) Purpose of project;

(5) Description of the proposed use of the
data, including protocols for contacting patients, relatives, and service
providers;

(6) Descriptions of measures to protect the
security of the data;

(7) An assurance that the data will not be used
for purposes other than those described in the protocol;

(8) An assurance that the data will be properly
disposed of upon completion of the project; and

(9) An assurance that the results of the
project will be provided to the custodian of the records.

(b) The request for release of the records shall be granted
or denied in writing based upon the following considerations:

(2) Whether the objective of the project can be
reached with the use of the data;

(3) Whether the project has a reasonable chance
of answering a legitimate research question;

(4) Whether the project might jeopardize the
ability of the Epidemiology Division to obtain reports and information regarding
communicable diseases and communicable conditions;

(5) Whether the patient's right to privacy
would be adequately protected.

History Note: Temporary Rule Eff. February
1, 1988, for a period of 180 days to expire on July
29, 1988;

Authority G.S. 130A‑143(9);

Eff. March 1, 1988;

Amended Eff. September 1, 1991.

10a ncac 41a .0105 Hospital Emergency Department Data
Reporting

Hospitals, as defined in G.S. 130A-480(d), shall submit
electronically to the Division of Public Health the following electronically
available emergency department data elements for all emergency department
visits:

(1) Patient record number or other unique
identification number;

(2) Patient date of birth and age;

(3) Patient's sex;

(4) City of residence;

(5) County of residence;

(6) Five digit ZIP code;

(7) Alpha numeric patient control number assigned by
the hospital for each record (the Visit Identification Number);

(16) Triage Notes (brief description of patient's/family's
self-reported illness episode, including symptoms, duration of symptoms, and
reasons for visit [in addition to Chief Complaint] as presented by the patient
or family to the triage nurse upon arrival at the emergency department) – this
element is optional;

(19) Emergency department procedures, up to ten (CPT or
ICD-9-CM or ICD-10-CM);

(20) Emergency department disposition;

(21) Emergency department disposition diagnosis
description; and

(22) Emergency department disposition diagnosis codes,
one primary and up to ten additional (ICD-9-CM or ICD-10-CM).

History Note: Authority G.S. 130A-480;

Eff. January 1, 2005.

10A NCAC 41A .0106 Reporting of Health Care-Associated
Infections

(a) The following definitions apply throughout this Rule:

(1) "Hospital" means any facility
designated as such in G.S. 131E-76(3).

(2) "National Healthcare Safety Network"
is an internet-based surveillance system managed by the Centers for Disease
Control and Prevention. This system is designed to be used for the direct,
standardized reporting of healthcare quality information, including health
care-associated infections, by health care facilities to public health
entities.

(3) "Health care-associated infection"
means a localized or systemic condition in the patient resulting from an
adverse reaction to the presence of an infectious agent(s) or its toxin(s) with
no evidence that the infection was present or incubating when the patient was
admitted to the health care setting.

(5) "The Centers for Medicaid and Medicare
Services - Inpatient Prospective Payment System (CMS – IPPS) rules" are
regulations promulgated for the disbursement of operating costs by the Centers
for Medicare and Medicaid Services for acute care hospital stays under Medicare
Part A based on prospectively set rates for care.

(b) Hospitals shall electronically report all health
care-associated infections required by Paragraph (c) of this Rule through the
National Healthcare Safety Network and shall make the data available to the
Department. Hospitals also shall:

(1) Report all specified health care-associated
infections within 30 days following the end of every calendar month during
which the infection was identified;

(2) Report all required health care-associated
infection denominator or summary data for healthcare-associated infections
within 30 days following the end of every calendar month; and,

(3) Comply with all reporting requirements for
general participation in the National Healthcare Safety Network.

(c) Except as provided in rules of this Section, hospitals
shall report the healthcare-associated infections required by the Centers for
Medicare and Medicaid Services listed in the CMS-IPPS rules beginning on the
dates specified therein. A summary of the HAI reporting requirements from the
current copy of the CMS-IPPS rules may be obtained through the CMS QualityNet
site at

The CMS IPPS rules themselves can be obtained from the CMS
IPPS website at http://www.cms.gov/AcuteInpatientPPS/IPPS2011/list.asp#TopOfPage
and

http://www.cms.gov/AcuteInpatientPPS/FR2012/list.asp#TopOfPage.
A copy of the current CMS-IPPS rules, applicable to this section, is available
for inspection in the Division of Public Health, 225 N. McDowell Street, Raleigh
NC 27601.

(d) Beginning October 1, 2012 and quarterly thereafter, the
Department shall release reports to the public on health care-associated
infection(s) in North Carolina.

History Note: Authority G.S. 130A‑150;

Temporary Adoption Eff. November 30, 2011;

Eff. October 1, 2012.

CHAPTER 41 – HEALTH: EPIDEMIOLOGY

subchapter 41A – communicable disease control

section .0200 - CONTROL MEASURES FOR COMMUNICABLE DISEASES

10A NCAC 41A .0201 CONTROL MEASURES - GENERAL

(a) Except as provided in Rules of this Section, the recommendations
and guidelines for testing, diagnosis, treatment, follow-up, and prevention of
transmission for each disease and condition specified by the American Public
Health Association in its publication, Control of Communicable Diseases Manual
shall be the required control measures. Control of Communicable Diseases Manual
is hereby incorporated by reference including subsequent amendments and
editions. Guidelines and recommended actions published by the Centers for
Disease Control and Prevention shall supercede those contained in the Control
of Communicable Disease Manual and are likewise incorporated by reference,
including subsequent amendments and editions. Copies of the Control of
Communicable Diseases Manual may be purchased from the American Public Health
Association, Publication Sales Department, Post Office Box 753, Waldora, MD
20604 for a cost of twenty-two dollars ($22.00) each plus five dollars ($5.00)
shipping and handling. Copies of Centers for Disease Control and Prevention
guidelines contained in the Morbidity and Mortality Weekly Report may be
purchased from the Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20402 for a total cost of three dollars and fifty cents
($3.50) each. Copies of both publications are available for inspection in the
Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.

(b) In interpreting and implementing the specific control
measures adopted in Paragraph (a) of this Rule, and in devising control measures
for outbreaks designated by the State Health Director and for communicable
diseases and conditions for which a specific control measure is not provided by
this Rule, the following principles shall be used:

(1) control measures shall be those which can
reasonably be expected to decrease the risk of transmission and which are
consistent with recent scientific and public health information;

(2) for diseases or conditions transmitted by
the airborne route, the control measures shall require physical isolation for
the duration of infectivity;

(3) for diseases or conditions transmitted by
the fecal-oral route, the control measures shall require exclusions from
situations in which transmission can be reasonably expected to occur, such as
work as a paid or voluntary food handler or attendance or work in a day care
center for the duration of infectivity;

(4) for diseases or conditions transmitted by
sexual or the blood-borne route, control measures shall require prohibition of
donation of blood, tissue, organs, or semen, needle-sharing, and sexual contact
in a manner likely to result in transmission for the duration of infectivity.

(c) Persons with congenital rubella syndrome, tuberculosis,
and carriers of Salmonella typhi and hepatitis B who change residence to a
different local health department jurisdiction shall notify the local health
director in both jurisdictions.

(d) Isolation and quarantine orders for communicable
diseases and communicable conditions for which control measures have been
established shall require compliance with applicable control measures and shall
state penalties for failure to comply. These isolation and quarantine orders
may be no more restrictive than the applicable control measures.

(e) An individual enrolled in an epidemiologic or clinical
study shall not be required to meet the provisions of 10A NCAC 41A .0201 -
.0209 which conflict with the study protocol if:

(1) the protocol is approved for this purpose
by the State Health Director because of the scientific and public health value
of the study, and

(2) the individual fully participates in and
completes the study.

(f) A determination of significant risk of transmission
under this Subchapter shall be made only after consideration of the following
factors, if known:

(1) The type of body fluid or tissue;

(2) The volume of body fluid or tissue;

(3) The concentration of pathogen;

(4) The virulence of the pathogen; and

(5) The type of exposure, ranging from intact
skin to non-intact skin, or mucous membrane.

(g) The term "household contacts" as used in this
Subchapter means any person residing in the same domicile as the infected
person.

History Note: Authority G.S. 130A-135; 130A-144;

Temporary Rule Eff. February 1, 1988, for a period of 180
days to expire on July 29, 1988;

(i) the person living with HIV is in HIV care,
is adherent with the treatment plan of the attending physician, and has been virally
suppressed for at least 6 months (HIV levels below 200 copies per milliliter)
at the time of sexual intercourse;

(ii) the sexual intercourse partner is HIV
positive;

(iii) the sexual intercourse partner is taking
HIV Pre-Exposure Prophylaxis (PrEP) – antiretroviral medication used to prevent
HIV infection as directed by an attending physician; or

(iv) the sexual intercourse occurred in the
context of a sexual assault in which the person living with HIV was the victim;

(b) not share needles or syringes, or any other
drug-related equipment, paraphernalia, or works that may be contaminated with
blood through previous use;

(i) The person living with HIV is donating
organs as part of a clinical research study that has been approved by an
institutional review board under the criteria, standards, and regulations
described in 42 USC 274f-5(a) and (b);

or, if the
United States Secretary of Health and Human Services determines under USC
274f-5(c) that participation in this clinical research is no longer warranted
as a requirement for transplants, and the organ recipient is receiving the
transplant under the criteria, standards, and regulations of USC 274f-5(c); or

(ii) Sperm or ova are harvested under the
supervision of an attending physician to be used by the person's spouse or
partner for the purpose of achieving pregnancy.

(d) have a test for tuberculosis;

(e) notify future sexual intercourse partners of
the infection, unless the person living with HIV meets the criteria listed in Sub-item
(1)(a)(i) of this Rule. If the person living with HIV is the victim of a sexual
assault, there is no requirement to notify the assailant;

(f) if the time of initial infection is known,
notify persons who have been sexual intercourse or needle-sharing partners
since the date of infection or give the names to a disease intervention
specialist employed by the local health department or by the Division of Public
Health for contact tracing and notification; and

(g) if the date of initial infection is unknown,
notify persons who have been sexual intercourse or needle-sharing partners for
the previous 12 months or give names to a disease intervention specialist
employed by the local health department or by the Division of Public Health for
contact tracing of all sexual and needle-sharing partners for the preceding 12
months.

(2) The attending physician shall:

(a) give the control measures in Item (1) of this
Rule to patients living with HIV in accordance with 10A NCAC 41A .0210;

(b) advise persons living with HIV to notify all
future sexual partners of infection;

(c) If the attending physician knows the
identity of the spouse of the person living with HIV and has not, with the
consent of the person living with HIV, notified and counseled the spouse, the
physician shall list the spouse on a form provided by the Division of Public
Health and shall send the form to the Division by secure transmission, required
by 45 CFR 164.312(e)(1), or by secure fax at (919) 715-4699. The Division shall
undertake to counsel the spouse and the attending physician's responsibility to
notify exposed and potentially exposed persons shall be satisfied by fulfilling
the requirements of Sub-Items (2)(a) and (c) of this Rule;

(d) advise persons living with HIV concerning
proper methods for the clean-up of blood and other body fluids;

(e) advise persons living with HIV concerning
the risk of perinatal transmission and transmission by breastfeeding.

(3) The attending physician of a child living with HIV
who may pose a significant risk of transmission in the school or day care
setting because of open, oozing wounds or because of behavioral abnormalities
shall notify the local health director. The local health director shall consult
with the attending physician and investigate the following circumstances:

(a) If the child is in school or scheduled for
admission and the local health director determines that there may be a
significant risk of transmission, the local health director shall consult with
an interdisciplinary committee, which shall include school personnel, a medical
expert, and the child's parents or legal guardians to assist in the
investigation and determination of risk. The local health director shall notify
the superintendent or private school director of the need to appoint this
interdisciplinary committee. Significant risk of transmission shall be
determined in accordance with the HIV Risk and Prevention Estimates published by
the Centers for Disease Control and Prevention, which are hereby incorporated
by reference including subsequent amendments and editions. A copy of this
publication can be accessed at no cost online at
https://www.cdc.gov/hiv/risk/estimates/riskbehaviors.html.

(i) If the superintendent or private school
director establishes this committee within three days of notification, the
local health director shall consult with this committee.

(ii) If the superintendent or private school
director does not establish this committee within three days of notification,
the local health director shall establish this committee.

(b) If the child is in school or scheduled for
admission and the local health director determines, after consultation with the
committee, that a significant risk of transmission exists, the local health
director shall:

(i) notify the parents or legal guardians;

(ii) notify the committee;

(iii) assist the committee in determining whether
an adjustment can be made to the student's school program to eliminate
significant risks of transmission;

(iv) determine if an alternative educational
setting is necessary to protect the public health;

(v) instruct the superintendent or private
school director concerning protective measures to be implemented in the alternative
educational setting developed by school personnel; and

(vi) consult with the superintendent or private
school director to determine which school personnel directly involved with the
child need to be notified of the HIV infection in order to prevent transmission
and ensure that these persons are instructed regarding the necessity for
protecting confidentiality.

(c) If the child is in day care and the local
health director determines that there is a significant risk of transmission,
the local health director shall notify the parents or legal guardians that the
child must be placed in an alternate child care setting that eliminates the
significant risk of transmission.

(4) When health care workers or other persons have a
needlestick or nonsexual non-intact skin or mucous membrane exposure to blood
or body fluids that, if the source were HIV positive, would pose a significant
risk of HIV transmission, the following shall apply:

(a) When the source person is known:

(i) The attending physician or occupational
health care provider responsible for the exposed person, if other than the
attending physician of the person whose blood or body fluids is the source of
the exposure, shall notify the attending physician of the source that an
exposure has occurred. The attending physician of the source person shall
discuss the exposure with the source and, unless the source is already known to
be living with HIV, shall test the source for HIV infection with or without
consent unless it reasonably appears that the test cannot be performed without
endangering the safety of the source person or the person administering the
test. If the source person cannot be tested, any existing specimen shall be
tested. The attending physician of the source person shall notify the attending
physician of the exposed person of the infection status of the source.

(ii) The attending physician of the exposed
person shall inform the exposed person about the infection status of the
source, offer testing for HIV infection as soon as possible after exposure and
at reasonable intervals until the interval since last exposure is sufficient to
assure detection using current CDC HIV testing guidelines, and, if the source
person was HIV positive, give the exposed person the control measures listed in
Sub-Items (1)(a) through (c) of this Rule. The CDC HIV testing guidelines are
hereby incorporated by reference including subsequent amendments and editions.
The CDC HIV testing guidelines can be accessed at no cost online at
https://www.cdc.gov/hiv/guidelines/testing.html, with the most current updates
found at https://stacks.cdc.gov/view/cdc/23447. The attending physician of the
exposed person shall instruct the exposed person regarding the necessity for
protecting confidentiality of the source person's HIV status.

(b) When the source person is unknown, the
attending physician of the exposed persons shall inform the exposed person of
the risk of transmission and offer testing for HIV infection as soon as
possible after exposure and at reasonable intervals until the interval since
the last exposure is sufficient to assure detection using the current CDC HIV
testing guidelines.

(c) A health care facility may release the name
of the attending physician of a source person upon request of the attending
physician of an exposed person.

(5) The attending physician shall notify the local
health director when the physician has cause to suspect a patient living with
HIV is not following or cannot follow control measures and is thereby causing a
significant risk of transmission. Any other person may notify the local health
director when the person has cause to suspect a person living with HIV is not
following control measures and is thereby causing a significant risk of
transmission.

(6) When the local health director is notified pursuant
to Item (5) of this Rule of a person who is mentally ill or intellectually
impaired, the local health director shall confer with the attending mental
health physician or Local Management Entity/Managed
Care Organization and the physician, if any, who notified the local health
director to develop a plan to prevent transmission.

(7) The Division of Public Health shall notify the
Director of Health Services of the North Carolina Department of Public Safety
and the prison facility administrator when any person confined in a state
prison is determined to be living with HIV. If the prison facility
administrator, in consultation with the Director of Health Services, determines
that a confined person living with HIV is not following or cannot follow prescribed
control measures, thereby presenting a significant risk of HIV transmission,
the administrator and the Director shall develop and implement jointly a plan
to prevent transmission, including making recommendations to the unit housing
classification committee.

(8) The local health director shall ensure that the
health plan for local jails include education of jail staff and prisoners about
HIV, how it is transmitted, and how to avoid acquiring or transmitting this
infection.

(9) Local health departments shall provide counseling
and testing for HIV infection at no charge to the patient. Third party payers
may be billed for HIV counseling and testing when such services are provided
and the patient provides written consent.

(10) HIV pre-test counseling is not required. Post-test
counseling for persons i living with HIV is required, must be individualized,
and shall include referrals for medical and psychosocial services and control
measures counseling.

(11) Notwithstanding Rule .0201(d) of this Section, a local
or state health director may require, as a part of an isolation order issued in
accordance with G.S. 130A-145, compliance with a plan to assist the individual
to comply with control measures. The plan shall be designed to meet the
specific needs of the individual including linkage to care and may include
referral to one or more of the following available and appropriate services:

(12) The Division of Public Health shall conduct a
partner notification program to assist in the notification and counseling of
partners of persons living with HIV.

(13) Every pregnant woman shall be offered HIV testing by
her attending physician at her first prenatal visit and in the third trimester.
The attending physician shall test the pregnant woman for HIV infection, unless
the pregnant woman refuses to provide informed consent pursuant to G.S.
130A-148(h). If there is no record at labor and delivery of an HIV test result
during the current pregnancy for the pregnant woman, the attending physician
shall inform the pregnant woman that an HIV test will be performed, explain the
reasons for testing, and the woman shall be tested for HIV without consent
using a rapid HIV test unless it reasonably appears to the clinician that the
test cannot be performed without endangering the safety of the pregnant woman
or the person administering the test. If the pregnant woman cannot be tested,
an existing specimen, if one exists that was collected within the last 24 hours,
shall be tested using a rapid HIV test. The attending physician must provide
the woman with the test results as soon as possible.

(14) If an infant is delivered by a woman with no record
of the result of an HIV test conducted during the pregnancy and if the woman
was not tested for HIV during labor and delivery, the fact that the mother has
not been tested creates a reasonable suspicion pursuant to G.S. 130A-148(h)
that the newborn has HIV infection and the infant shall be tested for HIV. An
infant born in the previous 12 hours shall be tested using a rapid HIV test

(15) Testing for HIV may be offered as part of routine
laboratory testing panels using a general consent that is obtained from the
patient for treatment and routine laboratory testing, so long as the patient is
notified that they are being tested for HIV and given the opportunity to
refuse.

(4) if the time of initial infection is known,
identify to the local health director all sexual intercourse and needle
partners since the date of infection; and, if the date of initial infection is
unknown, identify persons who have been sexual intercourse or needle partners
during the previous six months;

(5) for the duration of the infection, notify
future sexual intercourse partners of the infection and refer them to their
attending physician or the local health director for control measures; and for
the duration of the infection, notify the local health director of all new
sexual intercourse partners;

(6) identify to the local health director all
current household contacts;

(7) be tested six months after diagnosis to
determine if they are chronic carriers, and when necessary to determine
appropriate control measures for persons exposed pursuant to Paragraph (b) of
this Rule;

(8) comply with all control measures for
hepatitis B infection specified in Paragraph (a) of 10A NCAC 41A .0201, in
those instances where such control measures do not conflict with other
requirements of this Rule.

(b) The following are the control measures for persons
reasonably suspected of being exposed:

(1) when a person has had a sexual intercourse
exposure to hepatitis B infection, the person shall be tested;

(2) after testing, when a susceptible person
has had sexual intercourse exposure to hepatitis B infection, the person shall
be given a dose appropriate for body weight of hepatitis B immune globulin and
hepatitis B vaccination as soon as possible; hepatitis B immune globulin shall
be given no later than two weeks after the last exposure;

(3) when a person is a household contact,
sexual intercourse or needle sharing contact of a person who has remained
infected with hepatitis B for six months or longer, the partner or household
contact, if susceptible and at risk of continued exposure, shall be vaccinated
against hepatitis B;

(4) when a health care worker or other person
has a needlestick, non‑intact skin, or mucous membrane exposure to blood
or body fluids that, if the source were infected with the hepatitis B virus,
would pose a significant risk of hepatitis B transmission, the following shall
apply:

(A) when the source is known, the source person shall be
tested for hepatitis B infection, unless already known to be infected;

(B) when the source is infected with hepatitis B and the
exposed person is:

(i) vaccinated, the exposed person shall be tested
for anti‑HBs and, if anti-HBs is unknown or less than 10
milli-International Units per ml, receive hepatitis B vaccination and hepatitis
B immune globulin as soon as possible; hepatitis B immune globulin shall be
given no later than seven days after exposure;

(ii) not vaccinated, the exposed person shall be
given a dose appropriate for body weight of hepatitis B immune globulin
immediately and begin vaccination with hepatitis B vaccine within seven days;

(C) when the source is unknown, the determination of
whether hepatitis B immunization is required shall be made in accordance with
current published Control of Communicable Diseases Manual and Centers for
Disease Control and Prevention guidelines. Copies of the Control of
Communicable Diseases Manual may be purchased from the American Public Health
Association, Publication Sales Department, Post Office Box 753, Waldora, MD
20604 for a cost of twenty-two dollars ($22.00) each plus five dollars ($5.00)
shipping and handling. Copies of Center for Disease Control and Prevention
guidelines contained in the Morbidity and Mortality Weekly Report may be
purchased from the Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20402 for a cost of three dollars fifty cents ($3.50)
each. Copies of both publications are available for inspection in the General
Communicable Disease Control Branch, Cooper Memorial Health Building,
225 N. McDowell Street, Raleigh, North Carolina 27603-1382.

(5) infants born to HBsAg-positive mothers
shall be given hepatitis B vaccination and hepatitis B immune globulin within
12 hours of birth or as soon as possible after the infant is stabilized.
Additional doses of hepatitis B vaccine shall be given in accordance with
current published Control of Communicable Diseases Manual and Centers for
Disease Control and Prevention Guidelines. The infant shall be tested for the
presence of HBsAg and anti-HBs within three to nine months after the last dose
of the regular series of vaccine; if required because of failure to develop
immunity after the regular series, additional doses shall be given in
accordance with current published Control of Communicable Diseases Manual and
Centers for Disease Control and Prevention guidelines. Copies of the Control
of Communicable Diseases Manual may be purchased from the American Public
Health Association, Publication Sales Department, Post Office Box 753, Waldora,
MD 20604 for a cost of twenty-two dollars ($22.00) each plus five dollars
($5.00) shipping and handling. Copies of Center for Disease Control and
Prevention guidelines contained in the Morbidity and Mortality Weekly Report
may be purchased from the Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20402 for a cost of three dollars fifty cents ($3.50)
each. Copies of both publications are available for inspection in the General
Communicable Disease Control Branch, Cooper Memorial Health Building,
225 N. McDowell Street, Raleigh, North Carolina 27603-1382;

(6) infants born to mothers whose HBsAg status
is unknown shall be given hepatitis B vaccine within 12 hours of birth and the
mother tested. If the tested mother is found to be HBsAg-positive, the infant
shall be given hepatitis B immune globulin as soon as possible and no later
than seven days after birth;

(7) when an acutely infected person is a
primary caregiver of a susceptible infant less than 12 months of age, the
infant shall receive an appropriate dose of hepatitis B immune globulin and
hepatitis vaccinations in accordance with current published Control of
Communicable Diseases Manual and Centers for Disease Control and Prevention
Guidelines. Copies of the Control of Communicable Diseases Manual may be purchased
from the American Public Health Association, Publication Sales Department, Post
Office Box 753, Waldora, MD 20604 for a cost of twenty-two dollars ($22.00)
each plus five dollars ($5.00) shipping and handling. Copies of Center for
Disease Control and Prevention guidelines contained in the Morbidity and
Mortality Weekly Report may be purchased from the Superintendent of Documents,
U.S. Government Printing Office, Washington, DC 20402 for a cost of three
dollars fifty cents ($3.50) each. Copies of both publications are available
for inspection in the General Communicable Disease Control Branch, Cooper
Memorial Health Building, 225 N. McDowell Street, Raleigh, North Carolina 27603-1382.

(c) The attending physician shall advise all patients known
to be at high risk, including injection drug users, men who have sex with men,
hemodialysis patients, and patients who receive multiple transfusions of blood
products, that they should be vaccinated against hepatitis B if susceptible.
The attending physician shall also recommend that hepatitis B chronic carriers
receive hepatitis A vaccine (if susceptible).

(d) The following persons shall be tested for and reported
in accordance with 10A NCAC 41A .0101 if positive for hepatitis B infection:

(e) The attending physician of a child who is infected with
hepatitis B virus and who may pose a significant risk of transmission in the
school or day care setting because of open, oozing wounds or because of
behavioral abnormalities such as biting shall notify the local health
director. The local health director shall consult with the attending physician
and investigate the circumstances.

(f) If the child referred to in Paragraph (e) of this Rule
is in school or scheduled for admission and the local health director
determines that there may be a significant risk of transmission, the local
health director shall consult with an interdisciplinary committee, which shall
include school personnel, a medical expert, and the child's parent or guardian
to assist in the investigation and determination of risk. The local health
director shall notify the superintendent or private school director of the need
to appoint such an interdisciplinary committee. If the superintendent or
private school director establishes such a committee within three days of
notification, the local health director shall consult with this committee. If
the superintendent or private school director does not establish such a
committee within three days of notification, the local health director shall
establish such a committee.

(g) If the child referred to in Paragraph (e) of this Rule
is in school or scheduled for admission and the local health director
determines, after consultation with the committee, that a significant risk of
transmission exists, the local health director shall:

(1) notify the parents;

(2) notify the committee;

(3) assist the committee in determining whether
an adjustment can be made to the student's school program to eliminate
significant risks of transmission;

(4) determine if an alternative educational
setting is necessary to protect the public health;

(5) instruct the superintendent or private
school director concerning protective measures to be implemented in the
alternative educational setting developed by school personnel; and

(6) consult with the superintendent or private
school director to determine which school personnel directly involved with the
child need to be notified of the hepatitis B virus infection in order to
prevent transmission and ensure that these persons are instructed regarding the
necessity for protecting confidentiality.

(h) If the child referred to in Paragraph (e) of this Rule
is in day care and the local health director determines that there is a
significant risk of transmission, the local health director shall notify the
parents that the child must be placed in an alternate child care setting that
eliminates the significant risk of transmission.

(1) Refrain from sexual intercourse until
examined and diagnosed and treatment is completed, and all lesions are healed;

(2) Be tested, treated, and re-evaluated in
accordance with the STD Treatment Guidelines published by the U.S. Public
Health Service. The recommendations contained in the STD Treatment Guidelines are
the required control measures for testing, treatment, and follow-up for
gonorrhea, chlamydia, nongonococcal urethritis, and mucopurulent cervicitis,
and are incorporated by reference including subsequent amendments and
editions. A copy of this publication is on file for public viewing with the
and a copy may be obtained free of charge by writing the Division of Public
Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915, and
requesting a copy. However, urethral Gram stains may be used for diagnosis of
males rather than gonorrhea cultures unless treatment has failed;

(3) Notify all sexual partners from 30 days
before the onset of symptoms to completion of therapy that they must be
evaluated by a physician or local health department.

(1) Refrain from sexual intercourse until
examined and diagnosed and treatment is completed, and all lesions are healed;

(2) Be tested, treated, and re-evaluated in
accordance with the STD Treatment Guidelines published by t h e U.S. Public
Health Service. The recommendations contained in the STD Treatment Guidelines are
the required control measures for testing, treatment, and follow-up for
syphilis, lymphogranuloma venereum, granuloma inguinale, and chancroid, except
that chancroid cultures are not required;

(3) Give names to a disease intervention
specialist employed by the local health department or by the Division of Public
Health for contact tracing of all sexual partners and others as listed in this
Rule:

(A) for syphilis:

(i) congenital - parents and siblings;

(ii) primary - all partners from three months before
the onset of symptoms to completion of therapy and healing of lesions;

(iii) secondary - all partners from six months before
the onset of symptoms to completion of therapy and healing of lesions; and

(iv) latent - all partners from 12 months before the
onset of symptoms to completion of therapy and healing of lesions and, in
addition, for women with late latent, spouses and children;

(B) for lymphogranuloma venereum:

(i) if there is a primary lesion and no buboes, all
partners from 30 days before the onset of symptoms to completion of therapy and
healing of lesions; and

(ii) if there are buboes all partners from six
months before the onset of symptoms to completion of therapy and healing of
lesions;

(C) for granuloma inguinale - all partners from three
months before the onset of symptoms to completion of therapy and healing of
lesions; and

(D) or chancroid - all partners from ten days before the
onset of symptoms to completion of therapy and healing of lesions.

(d) All persons evaluated or reasonably suspected of being
infected with any sexually transmitted disease shall be tested for syphilis, encouraged
to be tested confidentially for HIV, and counseled about how to reduce the risk
of acquiring sexually transmitted disease, including the use of condoms.

(e) All pregnant women shall be tested for syphilis,
chlamydia and gonorrhea at the first prenatal visit. All pregnant women shall
be tested for syphilis between 28 and 30 weeks of gestation and at delivery. Hospitals
shall determine the syphilis serologic status of the mother prior to discharge
of the newborn so that if necessary the newborn can be evaluated and treated
as provided in (c)(2) of this rule. Pregnant women 25 years of age and younger
shall be tested for chlamydia and gonorrhea in the third trimester or at delivery
if the woman was not tested in the third trimester.

(f) Any woman who delivers a stillborn infant shall be
tested for syphilis.

(g) All newborn infants shall be treated prophylactically
against gonococcal ophthalmia neonatorum in accordance with the STD Treatment
Guidelines published by the U.S. Public Health Service. The recommendations
contained in the STD Treatment Guidelines are the required prophylactic
treatment against gonococcal ophthalmia neonatorum.

(a) The local health director shall investigate all cases
of tuberculosis disease and their contacts in accordance with recommendations
and guidelines published by the Centers for Disease Control and Prevention
which are hereby incorporated by reference including subsequent amendments and
editions. The recommendations and guidelines are the required control measures
for tuberculosis, except as otherwise provided in this Rule. A copy of the
recommendations and guidelines is available by contacting the Division of
Public Health, 1931 Mail Service Center, Raleigh, North Carolina 27699-1931 or
by accessing the Centers for Disease Control and Prevention website at http://www.cdc.gov/tb.

(b) The following persons shall have a tuberculin skin test
(TST) or Interferon Gamma Release Assay (IGRA) administered in accordance with
recommendations and guidelines published by the Centers for Disease Control and
Prevention:

(1) Household and other high priority contacts
of active cases of pulmonary and laryngeal tuberculosis. For purposes of this
Rule, a high priority contact is defined in accordance with Centers for Disease
Control and Prevention guidelines. If the contact's initial skin or IGRA test
is negative, and the case is confirmed by culture, a repeat skin or IGRA test
shall be performed 8 to 10 weeks after the exposure has ended;

(2) Persons reasonably suspected of having
tuberculosis disease;

(3) Inmates in the custody of the Department of
Public Safety, Division of Adult Correction upon incarceration, and annually
thereafter;

(4) Persons with HIV infection or AIDS.

(c) The following persons shall be tested using a two-step
skin test method or a single IGRA test, administered in accordance with
recommendations and guidelines published by the Centers for Disease Control and
Prevention:

(1) Staff with direct inmate contact in the
Department of Public Safety, Division of Adult Correction upon employment;

(3) Residents upon admission to licensed nursing
homes or adult care homes. If the individual is being admitted directly from
another hospital, licensed nursing home or adult care home in North Carolina
and there is documentation of a two-step skin test or a single IGRA test, the
individual does not need to be retested;

(4) Staff in adult day care centers providing
care for persons with HIV infection or AIDS upon employment.

(d) Except as provided in the last sentence of Subparagraph
(c)(3) of this Rule, persons listed in Paragraph (c) of this rule shall be
required only to have a single TST or IGRA in the following situations:

(1) If the person has ever had a two-step skin
test; or

(2) If the person has had a single skin test
within the last twelve months.

(e) Persons with a positive tuberculin skin test or IGRA
shall be evaluated by an interview to screen for symptoms and a chest x-ray if
they do not have a documented chest x-ray that was performed on the date of the
positive test or later.

(f) Treatment and follow-up for tuberculosis infection or
disease shall be in accordance with the recommendations and guidelines from the
Centers for Disease Control and Prevention.

(g) Persons with active tuberculosis disease shall complete
a standard multi-drug regimen, and shall be managed using Directly Observed
Therapy (DOT), which is the actual observation of medication ingestion by a
health care worker (HCW).

If a standard multi-drug regimen cannot be used, the
attending physician shall consult with the state Tuberculosis Medical Director
or designee on the treatment plan.

(h) Persons with suspected or known active pulmonary or
laryngeal tuberculosis who have sputum smears positive for acid fast bacilli
shall be considered infectious and shall be managed using airborne precautions
including respiratory isolation or isolation in their home with no new persons
exposed. These individuals are considered noninfectious and use of airborne
precautions, precautions including respiratory isolation or isolation in their
home may be discontinued when:

(2) They have two consecutive sputum smears
collected at least eight hours apart which are negative;

(3) It has been at least seven days since the
last positive sputum smear; and

(4) They have been compliant on tuberculosis
medications to which the organism is susceptible and there is evidence of
clinical response to tuberculosis treatment.

(i) Persons with suspected or known active pulmonary or
laryngeal tuberculosis who are initially sputum smear negative require
respiratory isolation until they have been started on tuberculosis treatment to
which the organism is susceptible and there is evidence of clinical response to
treatment.

(2) "Invasive procedure" means entry
into tissues, cavities, or organs or repair of traumatic injuries. The term
includes the use of needles to puncture skin, vaginal and cesarean deliveries,
surgery, and dental procedures during which bleeding occurs or the potential
for bleeding exists.

(3) "Non-contiguous" means not
physically connected.

(b) In order to prevent transmission of HIV, hepatitis B,
hepatitis C and other bloodborne pathogens each health care organization that
performs invasive procedures shall implement a written infection control policy.
The health care organization shall ensure that health care workers in its
employ or who have staff privileges are trained in the principles of infection
control and the practices required by the policy; require and monitor
compliance with the policy; and update the policy as needed to prevent transmission
of HIV, hepatitis B, hepatitis C and other bloodborne pathogens. The health
care organization shall designate one on-site staff member for each
noncontiguous facility to direct these activities. The designated staff member
in each health care facility shall complete a course in infection control
approved by the Department. The Department shall approve a course that
addresses:

(1) Epidemiologic principles of infectious
disease;

(2) Principles and practice of asepsis;

(3) Sterilization, disinfection, and
sanitation;

(4) Universal blood and body fluid precautions;

(5) Safe injection practices;

(6) Engineering controls to reduce the risk of
sharp injuries;

(7) Disposal of sharps; and

(8) Techniques that reduce the risk of sharp
injuries to health care workers.

(c) The infection control policy required by this Rule
shall address the following components that are necessary to prevent
transmission of HIV, hepatitis B, hepatitis C and other bloodborne pathogens:

(1) Sterilization and disinfection, including a
schedule for maintenance and microbiologic monitoring of equipment; the policy
shall require documentation of maintenance and monitoring;

(2) Sanitation of rooms and equipment,
including cleaning procedures, agents, and schedules;

(3) Accessibility of infection control devices
and supplies; and

(4) Procedures to be followed in implementing
10A NCAC 41A .0202(4) and .0203(b)(4) when a health care provider or a patient
has an exposure to blood or other body fluids of another person in a manner
that poses a significant risk of transmission of HIV or hepatitis B.

(d) Health care workers and emergency responders shall,
with all patients, follow Centers for Disease Control and Prevention Guidelines
on blood and body fluid precautions incorporated by reference in 10A NCAC 41A
.0201.

(e) Health care workers who have exudative lesions or
weeping dermatitis shall refrain from handling patient care equipment and
devices used in performing invasive procedures and from all direct patient care
that involves the potential for contact of the patient, equipment, or devices
with the lesion or dermatitis until the condition resolves.

(f) All equipment used to puncture skin, mucous membranes,
or other tissues in medical, dental, or other settings must be disposed of in
accordance with 15A NCAC 13B .1200 after use or sterilized prior to reuse.

(1) "Surgical or obstetrical
procedures" means vaginal deliveries or surgical entry into tissues,
cavities, or organs. The term does not include phlebotomy; administration of
intramuscular, intradermal, or subcutaneous injections; needle biopsies; needle
aspirations; lumbar punctures; angiographic procedures; endoscopic and
bronchoscopic procedures; or placing or maintaining peripheral or central
intravascular lines.

(2) "Dental procedure" means any
dental procedure involving manipulation, cutting, or removal of oral or
perioral tissues, including tooth structure during which bleeding occurs or the
potential for bleeding exists. The term does not include the brushing of
teeth.

(b) All health care workers who perform surgical or
obstetrical procedures or dental procedures and who know themselves to be
infected with HIV or hepatitis B shall notify the State Health Director.
Health care workers who assist in these procedures in a manner that may result
in exposure of patients to their blood and who know themselves to be infected
with HIV or hepatitis B shall also notify the State Health Director. The
notification shall be made in writing to the Chief, Communicable Disease
Control Branch, 1902 Mail Service Center, Raleigh, NC 27699-1902..

(c) The State Health Director shall investigate the
practice of any infected health care worker and the risk of transmission to
patients. The investigation may include review of medical and work records and
consultation with health care professionals who may have information necessary
to evaluate the clinical condition or practice of the infected health care
worker. The attending physician of the infected health care worker shall be
consulted. The State Health Director shall protect the confidentiality of the
infected health care worker and may disclose the worker's infection status only
when essential to the conduct of the investigation or periodic reviews pursuant
to Paragraph (h) of this Rule. When the health care worker's infection status
is disclosed, the State Health Director shall give instructions regarding the
requirement for protecting confidentiality.

(d) If the State Health Director determines that there may
be a significant risk of transmission of HIV or hepatitis B to patients, the
State Health Director shall appoint an expert panel to evaluate the risk of
transmission to patients, and review the practice, skills, and clinical
condition of the infected health care worker, as well as the nature of the
surgical or obstetrical procedures or dental procedures performed and operative
and infection control techniques used. Each expert panel shall include an
infectious disease specialist, an infection control expert, a person who
practices the same occupational specialty as the infected health care worker
and, if the health care worker is a licensed professional, a representative of
the appropriate licensure board. The panel may include other experts. The
State Health Director shall consider for appointment recommendations from
health care organizations and local societies of health care professionals.

(e) The expert panel shall review information collected by
the State Health Director and may request that the State Health Director obtain
additional information as needed. The State Health Director shall not reveal
to the panel the identity of the infected health care worker. The infected
health care worker and the health care worker's attending physician shall be
given an opportunity to present information to the panel. The panel shall make
recommendations to the State Health Director that address the following:

(1) Restrictions that are necessary to prevent
transmission from the infected health care worker to patients;

(2) Identification of patients that have been
exposed to a significant risk of transmission of HIV or hepatitis B; and

(3) Periodic review of the clinical condition
and practice of the infected health care worker.

(f) If, prior to receipt of the recommendations of the
expert panel, the State Health Director determines that immediate practice
restrictions are necessary to prevent an imminent threat to the public health,
the State Health Director shall issue an isolation order pursuant to G.S. 130A‑145.
The isolation order shall require cessation or modification of some or all
surgical or obstetrical procedures or dental procedures to the extent necessary
to prevent an imminent threat to the public health. This isolation order shall
remain in effect until an isolation order is issued pursuant to Paragraph (g)
of this Rule or until the State Health Director determines the imminent threat
to the public health no longer exists.

(g) After consideration of the recommendations of the
expert panel, the State Health Director shall issue an isolation order pursuant
to G.S. 130A‑145. The isolation order shall require any health care
worker who is allowed to continue performing surgical or obstetrical procedures
or dental procedures to, within a time period specified by the State Health
Director, successfully complete a course in infection control procedures
approved by the Department of Health and Human Services, General Communicable
Disease Control Branch, in accordance with 10A NCAC 41A .0206(e). The
isolation order shall require practice restrictions, such as cessation or
modification of some or all surgical or obstetrical procedures or dental
procedures, to the extent necessary to prevent a significant risk of
transmission of HIV or hepatitis B to patients. The isolation order shall
prohibit the performance of procedures that cannot be modified to avoid a
significant risk of transmission. If the State Health Director determines that
there has been a significant risk of transmission of HIV or hepatitis B to a
patient, the State Health Director shall notify the patient or assist the
health care worker to notify the patient.

(h) The State Health Director shall request the assistance
of one or more health care professionals to obtain information needed to
periodically review the clinical condition and practice of the infected health
care worker who performs or assists in surgical or obstetrical procedures or
dental procedures.

(i) An infected health care worker who has been evaluated
by the State Health Director shall notify the State Health Director prior to a
change in practice involving surgical or obstetrical procedures or dental
procedures. The infected health care worker shall not make the proposed change
without approval from the State Health Director. If the State Health Director
makes a determination in accordance with Paragraph (c) of this Rule that there
is a significant risk of transmission of HIV or hepatitis B to patients, the
State Health Director shall appoint an expert panel in accordance with
Paragraph (d) of this Rule. Otherwise, the State Health Director shall notify
the health care worker that he or she may make the proposed change in practice.

(j) If practice restrictions are imposed on a licensed
health care worker, a copy of the isolation order shall be provided to the
appropriate licensure board. The State Health Director shall report violations
of the isolation order to the appropriate licensure board. The licensure board
shall report to the State Health Director any information about the infected
health care worker that may be relevant to the risk of transmission of HIV or
hepatitis B to patients.

History Note: Authority G.S. 130A‑144; 130A‑145;

Eff. October 1, 1992;

Amended Eff. April
1, 2003.

10A NCAC 41A .0208 CONTROL MEASURES -- SMALLPOX; VACCINIA
DISEASE

(a) Guidelines and recommended actions for prevention of
the spread of smallpox and for prevention of the spread of vaccinia published
by the Center for Disease Control and Prevention (CDC) shall supercede those
contained in the control of Communicable Disease Manual and are incorporated by
reference, including subsequent amendments and editions. Copies of CDC
guidelines contained in the Morbidity and Mortality weekly reports may be
purchased from the Superintendent of Documents, US Government Printing Office, Washington
DC 20402 for a total cost of three dollars and fifty cents ($3.50) each.

(b) The attending physician of a person vaccinated against
smallpox shall report to the local health department the existence of any of
the following:

(1) autoinnoculation;

(2) generalized vaccinia;

(3) eczema vaccinatum;

(4) progressive vaccinia; and

(5) post vaccination encephalitis.

The attending physician shall make the report to the local
health department within 24 hours. The local health department shall notify
the Division of Public Health within 24 hours.

(c) The physician responsible for vaccinating a person
against smallpox and the physician diagnosing a person with vaccinia disease
shall instruct the patient to follow CDC guidelines for the prevention of the
spread of vaccinia adopted by reference in Paragraph (a) of this Rule. The
patient shall follow these guidelines.

(d) The State Health Director or a local health director
may use isolation authority pursuant to G.S. 130A-145 when necessary to prevent
the spread of smallpox or vaccinia virus.

History Note: Authority G.S. 130A‑144;

Temporary Adoption Eff. February 13, 2003;

Eff. August 1, 2004.

10A NCAC 41A .0209 LABORATORY TESTING

All laboratories shall do the following:

(1) When Neisseria meningitidis is isolated from a
normally sterile site, test the organism for specific serogroup or send the
isolate to the State Laboratory of Public Health for serogrouping;

(2) When a stool culture is requested on a specimen
from a person with bloody diarrhea, culture the stool for shiga-toxin producing
Escherichia coli or send the specimen to the State Laboratory of Public Health;

(3) When Haemophilus influenzae is isolated, test the
organism for specific serogroup or send the isolate to the State Laboratory of
Public Health for serogrouping; and

(4) When Mycobacterium tuberculosis complex is
isolated, test the organism for specific restriction fragment length
polymorphism (RFLP) or send the isolate, or a subculture of the isolate, to the
State Laboratory of Public Health for genotyping.

History Note: Authority G.S. 130A‑139;

Eff. October 1, 1994;

Temporary Amendment Eff. February
18, 2002;

Amended Eff. April
1, 2004; April 1, 2003.

10A NCAC 41A .0210 DUTIES OF ATTENDING PHYSICIANS

Immediately upon making a diagnosis of or reasonably
suspecting a communicable disease or communicable condition for which control
measures are provided in Rule .0201, .0202 or .0203 of this Section, the
attending physician shall instruct the patient and any other person specified
in those control measures to carry out those control measures and shall give
sufficiently detailed instructions for proper compliance, or the physician
shall request the local health director to give such instruction. When making
the initial telephone report for diseases and conditions required to be
reported within 24 hours, the physician shall inform the local health director
of the control measures given.

History Note: Filed as a Temporary Rule Eff. February 1, 1988, for a period of 180 days to expire on July
29, 1988;

Authority G.S. 130A‑144;

Eff. March 1, 1988;

Recodified from 15A NCAC 19A .0202 Eff. June
11, 1991.

10A NCAC 41A .0211 DUTIES OF OTHER PERSONS

(a) The local health director may reveal the identity and
diagnosis of a person with a reportable communicable disease or communicable
condition or other communicable disease or communicable condition which
represents a significant threat to the public health to those persons specified
in Paragraph (b) when disclosure is necessary to prevent transmission in the
facility or establishment for which they are responsible. The local health
director shall ensure that all persons so notified are instructed regarding the
necessity for protecting confidentiality.

(b) The following persons shall require that any person
about whom they are notified pursuant to Paragraph (a) comply with control
measures given by the local health director to prevent transmission in the
facility or establishment:

(1) the principal of any private or public
school;

(2) employers;

(3) superintendents or directors of all public
or private institutions, hospitals, or jails; and

(4) operators of a child day care center, child
day care home, or other child care providers.

(c) The provisions of Paragraphs (a) and (b) shall not
apply with regard to gonorrhea, syphilis, chancroid, granuloma inguinale,
lymphogranuloma venereum, chlamydia, non‑gonococcal urethritis, AIDS, and
HIV infection. However, persons may be notified with regard to these diseases
and conditions in accordance with 10A NCAC 41A .0201, .0202 or .0203 of this
Section.

History Note: Filed as a Temporary Rule Eff. February 1, 1988, for a period of 180 days to expire on July
29, 1988;

Authority G.S. 130A‑143; 130A‑144;

Eff. March 1, 1988;

Amended Eff. June
1, 1989;

Recodified from 15A NCAC 19A .0203 Eff. June
11, 1991.

10A NCAC 41A .0212 HANDLING AND TRANSPORTATION OF BODIES

(a) It shall be the duty of the physician attending any
person who dies and is known to be infected with HIV, plague, or hepatitis B or
any person who dies and is known or reasonably suspected to be infected with
smallpox, rabies, severe acute respiratory syndrome (SARS), or
Jakob-Creutzfeldt to provide written notification to all individuals handling
the body of the proper precautions to prevent infection. This written
notification shall be provided to funeral service personnel at the time the
body is removed from any hospital, nursing home, or other health care facility.
When the patient dies in a location other than a health care facility, the
attending physician shall notify the funeral service personnel verbally of the
precautions required as soon as the physician becomes aware of the death. These
precautions are noted in Paragraphs (b) and (c).

(b) The body of any person who died and is known or
reasonably suspected to be infected with smallpox or severe acute respiratory
syndrome (SARS) or any person who died and is known to be infected with plague
shall not be embalmed. The body shall be enclosed in a strong, tightly sealed
outer case which will prevent leakage or escape of odors as soon as possible
after death and before the body is removed from the hospital room, home,
building, or other premises where the death occurred. This case shall not be
reopened except with the consent of the local health director. Nothing in this
Paragraph shall prohibit cremation.

(c) Persons handling the body of any person who died and is
known to be infected with HIV or hepatitis B or any person who died and is
known or reasonably suspected to be infected with Jakob-Creutzfeldt or rabies
shall be provided written notification to observe blood and body fluid
precautions.

History Note: Authority G.S. 130A-144; 130A-146;

Temporary Rule Eff. February 1, 1988, for a period of 180
days to expire on July 29, 1988; Eff. March 1, 1988; Recodified from 15A NCAC
19A .0204 Eff. June 11, 1991;

Temporary Amendment Eff. November 1, 2003;

Amended Eff. April 1, 2004.

10A NCAC 41A .0213 CONTROL MEASURES -- SARS

Guidelines and recommended actions for prevention of the
spread of Severe Acute Respiratory Syndrome (SARS) published by the Centers for
Disease Control and Prevention (CDC) shall be the required control measures for
SARS and are incorporated by reference, including subsequent amendments and
editions. Copies of CDC guidelines contained in the Morbidity and Mortality
weekly reports may be purchased from the Superintendent of Documents, US
Government Printing Office, Washington DC 20402 for a total cost of three
dollars and fifty cents ($3.50) each.

History Note: Authority G.S. 130A‑144;

Temporary Adoption Eff. May 16, 2003;

Eff. August 1, 2004.

10A NCAC 41A .0214 CONTROL MEASURES - HEPATITIS C

The following are the control measures for hepatitis C
infection:

(1) Infected persons shall not:

(a) share needles or syringes, any other
drug-related equipment or paraphernalia, or personal items, such as razors,
that may be contaminated with blood through previous use; or

(b) donate or sell blood, plasma, platelets, or
other blood products.

(2) Persons with acute hepatitis C infection shall:

(a) if the date of initial infection is known,
identify to the local health director all needle partners since the date of
infection;

(b) if the date of initial infection is unknown,
identify persons who have been needle partners during the previous six months.

(3) The attending physician shall:

(a) advise all patients known to be at high
risk, including injection drug users, hemodialysis patients, patients who
received blood transfusions or solid organ transplants before July 1992,
patients who received clotting factor concentrates made before 1987, persons
with HIV infection, and persons with known exposure to hepatitis C, that they
should be tested for hepatitis C;

(b) advise infected persons of the potential for
transmission to others via blood or body fluids;

(c) provide or recommend that the infected
patient seek medical evaluation for the presence or development of chronic
liver disease; and

(d) recommend that persons with chronic
hepatitis C receive hepatitis A and hepatitis B vaccines unless serological
testing indicates that they are immune to these infections by virtue of past
infection or vaccination.

(4) When a health care worker or other person has a
needlestick, non-intact skin, or mucous membrane exposure to blood or body
fluids that would pose a significant risk of hepatitis C transmission if the
source were infected with the hepatitis C virus, the following apply:

(a) When the source is known, the attending
physician or occupational health care provider responsible for the exposed
person, if other than the attending physician of the person whose blood or body
fluids is the source of the exposure, shall notify the attending physician of
the source that an exposure has occurred. The attending physician of the
source person shall discuss the exposure with the source and, unless the source
is already known to be infected, shall test the source for hepatitis C virus
infection with or without consent unless it reasonably appears that the test
cannot be performed without endangering the safety of the source person or the
person administering the test. If the source person cannot be tested, an
existing specimen of his or her blood, if one exists, shall be tested. The
attending physician of the source person shall notify the attending physician
of the exposed person of the infection status of the source.

(b) The attending physician of the exposed
person shall inform the exposed person about the infection status of the source
and shall instruct the exposed person regarding the necessity for protecting
confidentiality. If the source person is infected with hepatitis C virus or the
source person’s infection status is unknown, the attending physician of the
exposed person shall advise the exposed person to seek testing for hepatitis C
virus infection as soon as possible and again four to six months after the
exposure. If the source person was hepatitis C virus infected, the attending
physician shall inform the exposed person of the measures required in Sub-Items
(1)(a) through (b) of this Rule.

(5) The Centers for Disease Control and Prevention
(CDC) Nationally Notifiable Diseases and Conditions (NNDC) Current Case
Definitions for Hepatitis C are hereby incorporated by reference, including
subsequent amendments and editions. The CDC NNDC may be accessed from the
internet at (http://www.cdc.gov/osels/ph_surveillance/nndss/phs/infdis.htm).
This document is also available for inspection at the North Carolina Division
of Public Health, 1902 Mail Service Center, Raleigh NC 27603.

History Note: Authority G.S. 130A-135; 130A-144;

Eff. April, 1, 2012.

SECTION .0300 ‑ SPECIAL CONTROL MEASURES

10A NCAC 41A .0301 DEFINITIONS

The following definitions shall apply in the interpretation
of 10A NCAC 41A .0302:

(1) "Turtle" means any reptile of the order
Testudines.

(2) "Institution" means a school, college,
university, research laboratory, or other facility having a bona fide research
or teaching interest in turtles.

History Note: Authority G.S. 130A‑144;

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. May
1, 1992.

10A NCAC 41A .0302 SALE OF TURTLES RESTRICTED

(a) To prevent the spread of salmonellosis from pet turtles
to humans, no turtle with a carapace length of less than four inches shall be
sold, offered for sale, or bartered by any retail or wholesale establishments
except as follows:

(1) the sale of turtles shall be allowed to
institutions for scientific or educational purposes;

(2) the sale of turtles shall be allowed for
food purposes; and

(3) wholesale establishments dealing in the
sale of turtles shall be allowed to sell turtles to other wholesale or retail
establishments outside of the State of North Carolina, subject to the
applicable state and federal laws.

(b) For establishments selling turtles in accordance with
Paragraph (a) of this Rule, the following information, or words having similar
meaning, shall be posted at every display of turtles for retail sale, printed
on the sales receipt issued by the seller at the time of the sale, or printed
on an information sheet accompanying the sales receipt issued by the seller:

"CAUTION: Children under 5 years
old and people with weak immune systems (such as chemotherapy patients or those
with HIV/AIDS) should avoid contact with reptiles. These people can get very
sick from a germ called Salmonella that reptiles carry. Reptiles include
lizards, snakes, alligators, and turtles. Wash hands thoroughly after handling
turtles or material that had contact with turtles. Do not allow water or any
other substance that had contact with turtles to come in contact with food or
areas where food is prepared. Do not bathe turtles or clean their tanks in your
kitchen or bathroom and do not have close contact with turtles which could
allow direct contamination of the mouth (e.g., kissing, etc.)."

(c) The seller shall keep a record of all purchases,
losses, and other dispositions of turtles for at least one year.

History Note: Authority G.S. 130A‑144;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. May 1, 2017; February 3, 1992.

10A NCAC 41A .0303 RECORDING THE SALES OF BIRDS

(a) A business engaged in the retail sale of birds shall
maintain a record of each sale for at least six months after the sale. The
record shall include the name and address of the purchaser of each bird. The
record shall be made available to the Department upon the request of the
Department.

(b) This Rule shall not apply to the sale of birds for
hunting, scientific, educational, agricultural or food purposes.

History Note: Authority G.S. 130A‑144;

Eff. June 1, 1990.

section .0400 - IMMUNIZATION

10A NCAC 41A .0401 DOSAGE AND AGE REQUIREMENTS FOR
IMMUNIZATION

(a) Every individual in North Carolina required to be
immunized pursuant to G.S. 130A-152 through 130A-157 shall be immunized against
the following diseases and have documentation of age-appropriate vaccination in
accordance with the Advisory Committee on Immunization Practices (ACIP).

(1) Diphtheria, tetanus, and pertussis
(whooping cough) - five doses: three doses by age seven months; and 2 booster
doses, the first by age 19 months and the second on or after the fourth
birthday and before entering school for the first time. However:

(A) Individuals who receive the first booster dose of
diphtheria/tetanus/pertussis vaccine on or after the fourth birthday are not
required to have a second booster.

(B) Individuals entering college or university for the
first time on or after July 1, 2008 must have had three doses of
tetanus/diphtheria toxoid; one of which must be tetanus/diphtheria/pertussis.

(C) A booster dose of tetanus/diphtheria/pertussis
vaccine is required for individuals who have not previously received it and are
entering the seventh grade or by 12 years of age, whichever comes first.

(2) Poliomyelitis vaccine - four doses: two
doses of trivalent type by age five months; a third dose trivalent type before
age 19 months; and a booster dose of trivalent type on or after his or her
fourth birthday and before entering school for the first time. However:

(A) An individual attending school who has attained his
or her 18th birthday is not required to receive a polio vaccine.

(B) The requirements for the booster dose on or after
the fourth birthday do not apply to individuals who began school before July 1,
2015.

(C) Individuals who receive the third dose of
poliomyelitis vaccine on or after the fourth birthday are not required to
receive a fourth dose if the third dose is given at least six months after the
second dose.

(3) Measles (rubeola) vaccine - two doses of live,
attenuated vaccine administered at least 28 days apart: the first dose on or
after age 12 months and before age 16 months; and a second dose before entering
school for the first time. However:

(A) An individual who has been documented by serological
testing to have a protective antibody titer against measles is not required to
receive measles vaccine.

(B) An individual who has been diagnosed before January
1, 1994, by a physician (or designee such as a nurse practitioner or physician's
assistant) as having measles (rubeola) disease is not required to receive
measles vaccine.

(C) An individual born before 1957 is not required to
receive measles vaccine except in measles outbreak situations.

(D) The requirement for a second dose of measles vaccine
does not apply to individuals who enter school or in college or university for
the first time before July 1, 1994.

(4) Rubella vaccine - one dose of live,
attenuated vaccine on or after age 12 months and before age 16 months.
However:

(A) An individual who has laboratory confirmation of
rubella disease or who has been documented by serological testing to have a
protective antibody titer against rubella is not required to receive rubella
vaccine.

(B) An individual who has attained his or her fiftieth
birthday is not required to receive rubella vaccine except in outbreak
situations.

(C) An individual who entered a college or university
after his or her thirtieth birthday and before February 1, 1989 is not required
to meet the requirement for rubella vaccine except in outbreak situations.

(5) Mumps vaccine – two doses: the first dose
of live, attenuated vaccine administered on or after age 12 months and before
age 16 months; and a second dose before entering school, college or university
for the first time. However:

(A) An individual who has laboratory confirmation of
disease, or has been documented by serological testing to have a protective
antibody titer against mumps is not required to receive the mumps vaccine.

(B) An individual born before 1957 is not required to
receive the mumps vaccine.

(C) The requirements for the mumps vaccine do not apply
to individuals who entered the first grade for the first time before July 1,
1987 or college or university before July 1, 1994.

(D) An individual entering school, college or university
before July 1, 2008 is not required to receive a second dose of mumps vaccine.

(6) Haemophilus influenzae, b conjugate
vaccine - three doses of HbOC or PRP-T or two doses of PRP-OMP before age 7
months and a booster dose of any type on or after age 12 months and by age 16
months. However:

(A) Individuals who receive the first dose of Haemophilus
influenzae, b vaccine on or after 7 months of age and before 12 months of
age are required to have two doses of HbOC, PRP-T or PRP-OMP and a booster dose
on or after 12 months of age and by age 16 months.

(B) Individuals who receive the first dose of Haemophilus
influenzae, b vaccine on or after 12 months of age and before 15 months of
age are required to have only 2 doses of HbOC, PRP-T or PRP-OMP and a booster
dose two months later.

(C) Individuals who receive the first dose of Haemophilus
influenzae, b vaccine on or after 15 months of age are required to have
only one dose of any of the Haemophilus influenzae b conjugate vaccines.

(D) No individual who has passed his or her fifth
birthday is required to be vaccinated against Haemophilus influenzae, b.

(7) Hepatitis B vaccine – three doses: the
first dose by age 3 months, a second dose before age 5 months and a third dose
by age 19 months. However:

(A) The last dose of the hepatitis B vaccine series
shall not be administered before 24 weeks of age.

(B) Individuals born before July 1, 1994 are not
required to be vaccinated against hepatitis B.

(8) Varicella vaccine – two doses administered
at least 28 days apart; one dose on or after age 12 months of age and before
age 19 months; and a second dose before entering school for the first time.
However:

(A) An individual who has laboratory confirmation of
varicella disease immunity or has been documented by serological testing to
have a protective antibody titer against varicella is not required to varicella
vaccine.

(B) An individual who has documentation from a
physician, nurse practitioner, or physician's assistant verifying history of
varicella disease is not required to receive varicella vaccine. The
documentation shall include the name of the individual with a history of
varicella disease, the approximate date or age of infection, and a healthcare
provider signature.

(C) An individual born before April 1, 2001 is not
required to receive varicella vaccine.

(D) The requirement for the second dose of varicella
vaccine shall not apply to individuals who enter Kindergarten or first grade
for the first time before July 1, 2015.

(9) Pneumococcal conjugate vaccine – Four
doses; 3 doses by age 7 months and a booster dose at 12 through 15 months of
age. However:

(A) Individuals who receive the first dose of
pneumococcal conjugate vaccine on or after 7 months of age and before 12 months
of age are required to have 2 doses at least 4 weeks apart; and a booster dose
at 12 through 15 months of age.

(B) Individuals who receive the first dose of
pneumococcal conjugate vaccine on or after 12 months of age and before 24
months of age are required to have 2 doses at least 8 weeks apart to complete
the series.

(C) Individuals who receive the first dose of
pneumococcal conjugate vaccine on or after 24 months of age and before 5 years
are required to have 1 dose to complete the series.

(D) No individual who has passed his or her fifth
birthday shall be required to be vaccinated against pneumococcal disease.

(E) An individual born before July 1, 2015 shall not be
required to receive pneumococcal conjugate vaccine.

(10) Meningococcal conjugate vaccine – two doses:
one dose is required for individuals entering the seventh grade or by 12 years
of age, whichever comes first, on or after July 1, 2015. A booster dose is
required by 17 years of age or by entering the 12th grade. However:

(A) The first dose does not apply to individuals who
entered seventh grade before July 1, 2015.

(B) The booster dose does not apply to individuals who
entered the 12th grade before August 1, 2020.

(C) If the first dose is administered on or after the 16th
birthday, a booster dose is not required.

(D) An individual born before January 1, 2003 shall not
be required to receive a meningococcal conjugate vaccine.

(b) The healthcare provider shall administer immunizations
in accordance with this Rule. However, if a healthcare provider administers
vaccine up to and including the fourth day prior to the required minimum age,
the individual dose is not required to be repeated. Doses administered more
than four days prior to the requirements are considered invalid doses and shall
be repeated.

(c) The State Health Director may suspend temporarily any
portion of the requirements of this Rule due to emergency conditions, such as
the unavailability of vaccine. The Department shall give notice in writing to
all local health departments and other providers currently receiving vaccine
from the Department when the suspension takes effect and when the suspension is
lifted. When any vaccine series is disrupted by such a suspension, the next
dose shall be administered within 90 days of the lifting of the suspension and the
series resumed in accordance with intervals determined by the most recent
recommendations of the Advisory Committee on Immunization Practices. These
recommendations may be accessed free of charge at http://www.cdc.gov/vaccines/acip/.

History Note: Authority G.S. 130A-152(c); 130A-155.1;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Readopted Eff. December 5, 1977;

Temporary Amendment Eff. February 1, 1988, for a period
of 180 days to expire on July 29, 1988;

All vaccine preparations licensed for interstate use by the
Bureau of Biologic Standards of the U.S. Food and Drug Administration are
approved for use in fulfilling the requirements of 10 NCAC 07A .0401.

History Note: Authority G.S. 130A‑152(c);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977.

10A NCAC 41A .0403 NON‑RELIGIOUS PERSONAL BELIEF NO
EXEMPTION

Except as provided in G.S. 130A‑156 and G.S. 130A‑157,
and 10A NCAC 41A .0404 and .0405, no child shall be exempt from the
requirements of 10A NCAC 41 .0401; there is no exception to these requirements
for the case of a personal belief or philosophy of a parent or guardian not
founded upon a religious belief.

History Note: Authority G.S. 130A‑152(c);

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. October
1, 1984; July 1, 1979.

10A NCAC 41A .0404 MEDICAL EXEMPTIONS FROM IMMUNIZATION

(a) Certification of a medical exemption by a physician
pursuant to G.S. 130A-156 shall be in writing and shall state the basis of the
exemption, the specific vaccine or vaccines the individual should not receive,
and the length of time the exemption will apply for the individual.

(b) Medical contraindications for which medical exemptions
may be certified by a physician for immunizations are included in the most
recent General Recommendations of the Advisory Committee on Immunization
Practices, Public Health Services, U.S. Department of Health and Human
Services, published in the Centers for Disease Control and Prevention
publication, the Morbidity and Mortality Weekly Report, which is adopted by
reference including subsequent amendments and additions. A copy is available
for inspection in the Immunization Section at 1330 St. Mary's Street, Raleigh,
North Carolina. Internet access is available by searching www.cdc.gov/nip.

History Note: Filed as a Temporary Amendment Eff. February 1, 1988, for a period of 180 days to expire on July
29, 1988;

An individual enrolled in a clinical trial of the efficacy
of a new vaccine preparation or dosage schedule shall be exempted from those
requirements of 10A NCAC 41A .0401 and .0402 which conflict with the trial
protocol. This exemption shall only apply to individuals who:

(1) participate in a clinical trial whose protocol is
approved by the State Health Director, and

(2) fully participate in and complete the clinical
trial.

History Note: Filed as a Temporary Amendment Eff. February 1, 1988, for a period of 180 days to expire on

July 29, 1988;

Authority G.S. 130A‑152(c);

Eff. October 1, 1983;

Amended Eff. March
1, 1988.

10A NCAC 41A .0406 ACCESS TO IMMUNIZATION INFORMATION

(a) Physicians, local health departments and the Department
shall, upon request and without consent release the immunization information
specified in Paragraph (b) of this Rule to the following organizations:

(6) Other state and local health departments
outside of North Carolina.

(b) The following is the immunization information to be
released to the organizations specified in Paragraph (a) of this Rule:

(1) name and address;

(2) name of the parent, guardian, or person
standing in loco parentis;

(3) date of birth;

(4) gender;

(5) race and ethnicity;

(6) vaccine type, date and dose number administered;

(7) the name and address of the physician or local
health department that administered each dose; and

(8) the existence of a medical or religious
exemption determined by the Immunization Section to meet the requirements of G.S.
130A‑156 and 10A NCAC 41A .0404 or G.S. 130A‑157. If such a
determination has not been made by the Division of Public Health, the person
shall have access to the certification of medical and religious exemptions
required by G.S. 130A‑156 or G.S. 130A‑157 and 10A NCAC 41A .0404.

History Note: Authority G.S. 130A‑153;

Temporary Adoption Eff. August
9, 1993, for a period of 180 days or until the permanent rule becomes
effective, whichever is sooner;

Eff. January 4, 1994;

Amended Eff. April
1, 2001; August 1, 2000; October 1, 1995.

SECTION .0500 ‑ PURCHASE AND DISTRIBUTION OF VACCINE

10A NCAC 41A .0501 PURCHASE OF VACCINE

The Division of Public Health may enter into
contracts for the purchase of vaccines. Any purchase of such vaccines shall be
in accordance with Article 3 of G.S. 143 and 01 NCAC 05A.

History Note: Temporary Rule Eff. October 5, 1986 for a
period of 120 days to expire on February 1, 1987;

Authority S.L. 1986, c. 1008, s. 2;

Eff. February 1, 1987;

Amended Eff. September
1, 1991.

10A NCAC 41A .0502 VACCINE FOR PROVIDERS OTHER THAN LOCAL
HEALTH DEPARTMENTS

History Note: Authority G.S. 130A-433;

Temporary Rule Eff. October
5, 1986 for a period of 120 days to expire on February
1, 1987;

Temporary Rule Eff. February
1, 1987 for a period of 120 days to expire on May
31, 1987;

Eff. March 1, 1987;

Temporary Amendment Eff. February
1, 1988, for a period of 180 days to expire on July
29, 1988;

Temporary Amendment Eff. August
26, 1992, for a period 180 days or until the permanent rule becomes effective,
whichever is sooner;

Temporary Amendment Eff. October
1, 1994, for a period of 180 days or until the permanent rule becomes
effective, whichever is sooner;

The following organizations are eligible to apply for
special project funds from the Division of Public Health:

(1) local health departments; and

(2) Non‑profit or governmental groups such as
public health, educational, and voluntary organizations.

History Note: Authority G.S. 130A‑5(3);

Eff. June 1, 1988.

10A NCAC 41A .0603 APPLICATION FOR FUNDS

(a) Grants for special projects shall be awarded through a
request for proposal (RFP) process that includes notification of all local
health departments of the eligibility criteria, requirements for funding, and
duration of the project period. This information shall also be available to
other groups or organizations who may wish to apply. Requests for proposals may
be obtained from the Division of Public Health, 1915 Mail Service Center,
Raleigh, North Carolina 27699-1915.

(b) The grant proposal shall include the following:

(1) a project plan which includes an assessment
of the need for the special project, measurable project objectives, and
strategies for meeting the project objectives;

(2) a proposed budget; and

(3) an evaluation plan.

(c) In making the determination of which applications to
approve for funding, each proposal will be judged on its own merits in
competition with all the other proposals submitted to the Section. Proposals
shall be judged according to the following criteria:

(1) the proposal demonstrates that a
substantial need exists;

(2) the proposed project makes a significant
contribution in meeting the established need; and

(3) the proposed project can be successfully
completed within a reasonable period of time.

(d) The Division of Epidemiology shall review all grant
proposals submitted on or before the deadline for submission of proposals. The
Division of Public Health shall approve or deny a grant proposal within 60 days
after the deadline for receipt of the grant proposal.

(e) A contract shall be signed with each applicant that is
approved for funding. The number and type of services to be provided under the
contract shall be negotiated with each contractor, approved by the Division of
Public Health, and included as an addendum to the contract. Contracts may be
renewed upon expiration of the contract period when the contractor's proposal
meets the criteria in (c)(1) of this Rule, the contractor has demonstrated
adequate performance, and funds are available.

History Note: Authority G.S. 130A‑5(3);

Eff. June 1, 1988;

Amended Eff. September
1, 1990.

10A NCAC 41A .0604 REPORTS

(a) The contractor shall submit periodic performance
reports as specified in the contract.

(b) The contractor shall submit a final report at the close
of the contract period. The report shall include an evaluation addressing
progress in meeting the objectives outlined in the application.

History Note: Authority G.S. 130A‑5(3);

Eff. June 1, 1988.

10A NCAC 41A .0605 USE OF SPECIAL PROJECT FUNDS

(a) Special Project Funds provided pursuant to these Rules
shall be expended solely for the purposes for which the funds were made
available in accordance with the approved application, negotiated project
objectives and budget, the rules in this Section, the terms and conditions of
the award, and the applicable state costs principles.

(b) A contractor that consistently fails to meet acceptable
levels of performance, as determined through site visits, review of performance
reports, and other appropriate and generally accepted performance standards,
and has been offered consultation and technical assistance, may have special project
funds reduced or discontinued. Recommendations to reduce or discontinue
funding shall be reviewed and approved by the State Health Director.

(a) A patient shall be medically eligible for reimbursement
for up to 60 days per year, beginning the first day of financial eligibility,
for treatment and convalescence services at a contract nursing home if the
tuberculosis control branch finds that the following criteria are met:

(1) The applicant must have active pulmonary or
disseminated tuberculosis associated with incapacitation or significant
debilitation which requires a SNF or ICF level of care. To aid in making this
determination, the referring physician shall provide a treatment plan and
project a length of stay for the patient at the nursing home.

(2) The applicant must have positive
bacteriology for tuberculosis. The positive bacteriology (AFB) must have been
obtained within the preceding 14 days.

(3) The applicant must not be in need of an
acute level of hospital care for any condition.

(4) The applicant must be 16 years of age or
over.

(5) The applicant must be referred by a
licensed physician who has first‑hand knowledge of the applicant's mental
and physical condition. The referring physician must furnish a summary of the
applicant's physical and mental condition and known infirmities, and specific
details of treatment and medication the applicant is taking with
recommendations as to dosage, frequency and duration. This summary must
include all known allergies as well as anti‑tuberculosis and all other
medications that the patient is taking. In addition, dietary needs, pertinent
x‑rays, and copies of laboratory reports must be forwarded, either with
the patient, if accepted for admission, or in advance.

(6) The head of the Tuberculosis Control Branch
may make exceptions to the criteria contained in (1) through (5) of this
Paragraph upon a determination that a patient could be best treated for a
tuberculosis condition at a licensed nursing home.

(b) If the head of the Tuberculosis Control Branch
determines that additional treatment or convalescent care at a licensed nursing
home is medically necessary because of the tuberculosis condition, the head of
the Branch may extend medical eligibility for more than 60 days per year.

(c) The medical care payments described in this Rule are
available only for services provided at a licensed nursing home which has
contracted with the tuberculosis program for these services. Further payment
limitations are found in 10A NCAC 45A .0300.

(a) The Division of Public Health may enter into financial
arrangements with local health departments, community hospitals, nursing homes,
or other convalescent facilities, and with physicians for the purpose of
providing specific health care services for communicable diseases and the
implementation of control measures.

(b) The Division of Public Health may authorize a local
health department to obtain required diagnostic and treatment services for
persons with syphilis, gonorrhea, chancroid, lymphogranuloma venereum, and
granuloma inguinale from physicians:

(1) The amount to be charged for these services
shall be negotiated between the local health department and the physician and
approved by the Division of Public Health at the lowest agreeable rate, not to
exceed approved Medicaid reimbursement rates. Drugs used in treatment may be
provided to such physicians by the local health department.

(2) The physician shall bill the local health
department for services provided. The local health department shall submit
requests for payment to the Division of Public Health on forms provided by the
Division of Public Health.

History Note: Authority G. S. 130A‑5; 130A‑135;
130A‑144;

Eff. December 1, 1991;

Amended Eff. April
1, 2003.

10A NCAC 41A .0802 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41A .0803 RESERVED FOR FUTURE CODIFICATION

section .0900 - BIOLOGICAL AGENT REGISTRY

10A NCAC 41A .0901 GENERAL

The biological agent registry established by G.S. 130A-149
is administered by the Division of Public Health, 1915 Mail Service
Center, Raleigh, North Carolina 27699-1915.

History Note: Authority G.S. 130A-149;

Temporary Adoption Eff. January
10, 2002;

Eff. April 1, 2003.

10A NCAC 41A .0902 BIOLOGICAL AGENTS TO BE REPORTED

The biological agents that shall be reported to the registry
shall be those agents listed as select agents in 42 C.F.R. Part 72, Appendix A
which is adopted herein by reference including subsequent amendments and
editions. Copies of this federal provision may be inspected at and copies
obtained from the Division of Public Health, 1915 Mail Service Center,
Raleigh, North Carolina 27699-1915 at a cost of ten cents ($.10) per page at
the time of adoption of this Rule.

History Note: Authority G.S. 130A-149;

Temporary Adoption Eff. January
10, 2002;

Eff. April 1, 2003.

10A NCAC 41A .0903 WHEN TO REPORT

A person possessing and maintaining a listed biological
agent on the effective date of these Rules shall make a report within 45 days
of the effective date of these Rules. A person who does not possess and
maintain any listed biological agents on the effective date of these Rules
shall make a report within seven days of receipt of such agents. A person
shall make an amended report within seven days of any change in the information
contained in the report. A person shall make a report within 24 hours of any
suspected release, loss or theft of any listed biological agent.

History Note: Authority G.S. 130A-149;

Temporary Adoption Eff. January
10, 2002;

Eff. April 1, 2003.

10A NCAC 41A .0904 WHAT TO REPORT

The report shall be made on a form created by the Department
and shall identify the listed biological agents possessed and maintained at the
facility; shall specify the use of the agents for vaccine production, research
purposes, quality control or other use; shall indicate the form of the agents;
shall identify the physical location of the laboratories and the storage areas;
and shall identify the person in charge of the agents.

History Note: Authority G.S. 130A-149;

Temporary Adoption Eff. January
10, 2002;

Eff. April 1, 2003.

10A NCAC 41A .0905 EXEMPTION FROM REPORTING

A person who detects a listed biological agent in a clinical
or environmental sample for the purpose of diagnosing disease, epidemiological
surveillance, exposure assessment, reference, verification or proficiency
testing, and who discards the agent within 14 calendar days of receiving notice
of the completion of confirmation testing, or discards the agent within 14
calendar days of using the agent for reference, verification or proficiency
testing, is not required to make a report.

History Note: Authority G.S. 130A-149;

Temporary Adoption Eff. January
10, 2002;

Eff. April 1, 2003.

10A NCAC 41A .0906 SECURITY

All persons possessing and maintaining a listed biological
agent must demonstrate compliance with all safeguards contained in the 42
C.F.R. Part 72 and the Rules promulgated thereunder, and must employ those
federal safeguards over the agents they possess and maintain, regardless of
whether the mere possession of the agent is itself required to be registered
under federal law. The safeguards contained in 42 C.F.R. Part 72 and the Rules
promulgated thereunder are adopted herein by reference including subsequent
amendments and additions. Copies of this federal provision may be inspected at
and copies obtained from the Division of Public Health, 1915 Mail Service
Center, Raleigh, North Carolina 27699-1915, at a cost of ten cents ($.10) per
page at the time of adoption of this Rule.

History Note: Authority G.S. 130A-149;

Temporary Adoption Eff. January
10, 2002;

Eff. April 1, 2003.

10A NCAC 41A .0907 RELEASE OF INFORMATION

The Department shall release information contained in the
Biological Agents Registry only by order of the State Health Director upon a
finding that the release is necessary for the conduct of a communicable disease
investigation or for the investigation of a release, theft or loss of a
biological agent.

History Note: Authority G.S. 130A-149;

Temporary Adoption Eff. January
10, 2002;

Eff. April 1, 2003.

subchapter 41b – injury control

section .0100 – general policies

10A NCAC 41B .0101 DEFINITIONS

The definitions in G.S. 18B‑101, G.S. 20‑4.01,
G.S. 130A‑3 and the following shall apply throughout this Subchapter:

(2) "Breath‑testing Instrument" means
an instrument for making a chemical analysis of breath and giving the resultant
alcohol concentration in grams of alcohol per 210 liters of breath;

(3) "Controlled Drinking Program" means a
bona fide scientific, experimental, educational, or demonstration program in
which tests of a person's breath or blood are made for the purpose of
determining his alcohol concentration when such person has consumed controlled
amounts of alcohol;

(4) "Director" means the Director of the
Division of Public Health of the Department;

(6) "Observation Period" means a period
during which a chemical analyst observes the person or persons to be tested to
determine that the person or persons has not ingested alcohol or other fluids,
regurgitated, vomited, eaten, or smoked in the 15 minutes immediately prior to
the collection of a breath specimen. The chemical analyst may observe while
conducting the operational procedures in using a breath‑testing
instrument. Dental devices or oral jewelry need not be removed;

(7) "Permittee" means a chemical analyst
possessing a valid permit from the Department to perform chemical analyses, of
the type set forth within the permit;

(8) "Simulator Solution" means a water‑alcohol
solution made by preparing a stock solution of distilled or American Society
for Testing and Materials Type I water and 48.4 grams of alcohol per liter of
solution. Each 10 ml. of this stock solution is further diluted to 500 ml. by
adding distilled or American Society for Testing and Materials Type I water.
The resulting simulator solution corresponds to the equivalent alcohol
concentration of 0.08;

(9) "Verify Instrument Accuracy" means
verification of instrumental accuracy of an approved breath testing instrument
or approved alcohol screening test device by employment of a control sample
from an alcoholic breath simulator using simulator solution and obtaining the
expected result or 0.01 less than the expected result as specified in Item (8)
of this Rule; or by employment of a control sample from an ethanol gas canister
and obtaining the expected result or 0.01 less than the expected result as
specified in Item (10) of this Rule. When the procedures set forth for approved
breath testing instruments in Section .0300 of this Subchapter and for approved
alcohol screening test devices in Section .0500 of this Subchapter are followed
and the result specified herein is obtained, the instrument shall be deemed
accurate;

(10) "Ethanol Gas Canister" means a dry gas
calibrator producing an alcohol-in-inert gas sample at an accurately known
concentration from a compressed gas cylinder. The resulting alcohol-in-inert
gas sample corresponds to the equivalent concentration of 0.08.

History Note: Authority G.S. 20‑139.1(b); 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. November 1, 2007; April 1, 2001; January 1,
1995; January 4, 1994; October 1, 1990; September 1, 1990.

10A NCAC 41B .0102 CONSULTANT PANEL AND REVIEW BOARD FEES

History Note: Authority G.S. 20-9; 143B-10;

Eff. December 22, 1980;

Amended Eff.
July 1, 2005; January 1, 1990; October 1, 1986;

Repealed Eff. November 1, 2005.

SECTION .0200 ‑ BLOOD ALCOHOL TEST REGULATIONS

10A NCAC 41B .0201 INITIAL PERMIT FOR BLOOD ANALYST

(a)
Any person desiring an initial permit as a blood analyst shall make written
application to the Director.

(b)
In the application, the applicant shall set out his professional qualifications
and experience and describe in detail the method intended to be used in
performing chemical analyses of blood, the equipment and chemicals to be
employed, the names and professional qualifications of any persons who will
assist him in any of the incidental phases of the analyses to be made, and the
location in and conditions under which the analyses shall be made. The
Director shall prepare application forms to assist applicants in presenting the
required information in an orderly fashion.

History Note: Authority G.S. 20‑139.1(b);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977.

10A NCAC 41B .0202 GRANTING PERMITS

(a) After receiving the application, the Director shall
grant or deny permits to perform chemical analyses of the blood on the basis of
his determination of the character and qualifications of the applicant and
whether the method of chemical analysis proposed will be sufficiently reliable
to meet generally accepted forensic standards.

(b) If from any application it appears that the chemical
analysis of the blood will be done by persons under the supervision of the
applicant, the Director shall require each person slated to perform chemical
analyses of the blood to submit application. Where the Director is satisfied
that the critical professional phases of the analysis will be performed by the
applicant and that assistance from others will be incidental phases, he may
grant the permit to the applicant.

(c) Permits granted under this Section shall be granted
only to persons performing chemical analyses of blood for law enforcement
officers under the provisions of G.S. 20‑139.1. The Director may require
such documentation or conduct such investigations as may be necessary to insure
that applicants for initial or renewal permits meet this requirement before
granting permits.

History Note: Authority G.S. 20‑139.1(b);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990; July 1, 1985; January 1, 1985.

10A NCAC 41B .0203 APPROVED PERMITS

(a) A blood analyst performing chemical analyses
of blood in accordance with the description set out in the application for an
initial, renewal, or modified permit shall be deemed to be performing such
analyses in a manner approved by the Director.

(b) All initial, modified, and renewal
permits shall be valid for a period of two years.

History Note: Authority G.S. 20‑139.1(b);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. April
1, 1992; September 1, 1990; July 1, 1985.

10A NCAC 41B .0204 MODIFICATION OF PERMIT

Before making any material alteration in
method or procedure for performing chemical analyses of blood, a blood analyst
must be granted a modified permit from the Director. The provisions applicable
for the granting of initial permits shall govern. When the blood analyst who
holds a permit has assistants performing incidental phases of chemical
analyses, replacement of these individuals with other assistants shall not be
deemed a material alteration of procedure so long as any assistant has the same
general qualifications and abilities as the person replaced.

History Note: Authority G.S. 20‑139.1(b);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990.

10A NCAC 41B .0205 RENEWAL OF PERMIT

(a) At least three months prior to the expiration
of the permit, a blood analyst desiring to renew the permit must submit written
application for renewal to the Director.

(b) The procedure applicable to the granting
of initial applications shall govern the granting of renewal applications.

History Note: Authority G.S. 20‑139.1(b);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. January
1, 1985.

10A NCAC 41B .0206 DETERMINATION OF RENEWAL OF PERMIT

(a) In determining whether to renew the
permit of a blood analyst, the Director shall consider whether the method and
procedure continues to meet the generally accepted forensic standards for
chemical analyses of blood; he shall also take into account evidence available
concerning the character and continuing ability of the blood analyst.

(b) If in acting upon an application for
renewal of permit the Director returns the application for additional
information, or requests a modification of method, so as to cause a delay in
granting the renewal or modified permit, the Director at his discretion may
grant the blood analyst a provisional permit under the conditions applicable to
the expiring permit. A provisional permit shall be valid for the period stated
in the permit, but shall not be issued for a period longer than three months. A
provisional permit may be renewed once.

History Note: Authority G.S. 20‑139.1(b);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990; July 1, 1985.

10A NCAC 41B .0207 EVALUATION OF BLOOD ANALYSTS

The Director may institute a procedure for periodically
testing the competence of blood analysts, which may include supervisory
inspections of laboratories in which chemical analyses of blood are being
performed.

History Note: Authority G.S. 20‑139.1(b);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977.

10A NCAC 41B .0208 REVOCATION OF PERMIT

(a)
If the Director receives unfavorable information concerning the character or
ability of any blood analyst, he shall direct an investigation to be made. If
the Director becomes satisfied that the unfavorable information is accurate,
and that the blood analyst would for this reason no longer be eligible to be
granted an initial or renewal permit, he shall suspend or revoke the permit
using the same procedures that are used for the suspension or revocation of
permits in G.S. 130A‑23.

(b)
Appeals concerning the interpretation and enforcement of the rules in this
Section shall be made in accordance with G.S. 150B.

When performing chemical analyses of blood
under the authority of G.S. 20‑139.1 and the provisions of these rules,
blood analysts shall report alcohol concentrations based on grams of alcohol
per 100 milliliters of whole blood.

History Note: Authority G.S. 20‑139.1(b);

Eff. October 1, 1986.

SECTION .0300 ‑ BREATH ALCOHOL TEST REGULATIONS

10A NCAC 41B .0301 APPLICATION FOR INITIAL PERMIT

(a) Application for an initial permit to perform chemical
analysis of a person's breath to determine his alcohol concentration shall be
made in writing to the Director. The applicant shall have the endorsement of
his supervisor, or his supervisor's representative. The Director shall issue,
deny, terminate, and revoke permits for individuals to perform chemical
analyses.

(2) can explain the method of operation of the
breath‑testing instrument for which he is applying for a permit to
operate;

(3) provide a statement on the application from
the applicant's supervisor attesting to the good character of the applicant;
and

(4) are employed by a law enforcement agency,
the Forensic Tests for Alcohol Branch or members of its instructional staff, or
by some other federal, state, county or municipal agency with the responsibility
of administering chemical analyses to drivers charged with implied consent
offenses.

(c) Individuals successfully completing a minimum of 35
course hours conducted by the Forensic Tests for Alcohol Branch shall be deemed
to have met the requirements of Subparagraphs (b)(1) and (2) of this Rule.

(a) Permits shall be limited in scope to the methods or
instruments for performing chemical analyses in which the individual applying
for a permit has demonstrated competence. This limitation shall be upon the
basis of the methods or instruments that received primary emphasis in the
particular course of instruction attended by the applicant in the event that
successful completion of the course is offered as proof of ability to perform
chemical analyses. Initial and renewal permits shall state the date upon which
they are to become effective and the date upon which they are to expire. The
expiration date shall be no more than 24 months after the effective date.

(b) Permits granted under this Section, initial and
renewals, shall be valid only during the period the permittee is employed by a
law enforcement agency, the Forensic Tests for Alcohol Branch or a member of
its instructional staff, or by some other federal, state, county or municipal
agency with the responsibility of administering chemical analyses to drivers
charged with implied consent offenses.

The Director shall issue, deny, terminate, and
revoke renewal permits for individuals to perform chemical analyses. Where
there is a question on the need for a permit, the Director may require the
individual to submit a written application for renewal. The applicant shall
have the endorsement of his appropriate supervising law enforcement officer, or
his designated representative, unless an exception is granted by the Director.

History Note: Authority G.S. 20‑139.1(b);

Eff. January 1, 1982.

10A NCAC 41B .0304 CONDITIONS FOR RENEWAL OF PERMIT

(a) Permits may be renewed at expiration, or at such time
prior to expiration as is convenient for the Director, upon demonstration by
the permittee of:

(2) ability to explain the method of operation
of the breath‑testing instrument for which he is applying for a renewal
permit to operate; and

(3) continued employment by a law enforcement
agency, the Forensic Tests for Alcohol Branch or a member of its instructional
staff, or by some other federal, state, county or municipal agency with the
responsibility of administering chemical analyses to drivers charged with
implied consent offenses.

(b) The permittee shall provide a statement on the application
from the applicant's supervisor attesting to the good character of the
applicant.

(c) Individuals successfully completing a forensic test for
alcohol recertification course conducted by the Forensic Tests for Alcohol
Branch prior to the expiration of their permits shall be deemed to have met the
requirements of Subparagraphs (a)(1) and (2) of this Rule for the renewal of
permits.

(d) In addition to meeting the requirements of Paragraph (a)
of this Rule, individuals desiring renewal permits, after expiration of their
permits, shall successfully complete the following Forensic Tests for Alcohol
Branch course requirements prior to the granting of renewal permits:

(1) Forensic Tests for Alcohol Recertification
Course if the permit has been expired less than six months;

(2) Forensic Tests for Alcohol Operators Course
if the permit has been expired six months or longer.

The Director or his representative shall have
the authority to verify periodically the condition of all breath‑testing
instruments used by permittees.

History Note: Authority G.S. 20‑139.1(b);

Eff. January 1, 1982.

10A NCAC 41B .0307 EVALUATION OF PERMITTEES

The Director or his representative may at any
time examine permittees to determine their continuing ability to perform
accurate and reliable chemical analyses.

History Note: Authority G.S. 20‑139.1(b);

Eff. January 1, 1982.

10A NCAC 41B .0308 REVOCATION OF PERMIT

(a) If the Director receives unfavorable
information concerning the character or ability of any permittee, he shall
direct an investigation to be made. If the Director determines, after
investigation, that the permittee would no longer be eligible to be granted an
initial or renewal permit, he shall suspend or revoke the permit using the same
procedures that are used for suspension or revocation of permits in G.S. 130A‑23.

(b) Appeals concerning the interpretation and
enforcement of the Rules in this Section shall be made in accordance with G.S.
150B.

The Department approves breath‑testing instruments
listed on the National Highway Traffic Safety Administration, Conforming Products
List of Evidential Breath Measurement Devices. Instruments are approved on the
basis of results of evaluations by the Forensic Tests for Alcohol Branch.
Evaluations are not limited in scope and may include any factors deemed
appropriate to ensure the accuracy, reliability, stability, cost, and ease of
operation and durability of the instrument being evaluated.

If the alcohol concentrations differ by more than 0.02, a
third breath sample shall be collected when "PLEASE BLOW" appears.
Subsequent tests shall be administered as soon as feasible by repeating steps
(1) through (8), as applicable.

History Note: Authority G.S. 20‑139.1(b);

Eff. January 1, 1985;

Amended Eff. November 1, 2007; April 1, 2001; April 1,
1993; April 1, 1992; January 1, 1990; March 1, 1989.

10A NCAC 41B .0321 PREVENTIVE MAINTENANCE: INTOXILYZER:
MODEL 5000

The preventive maintenance procedures for the Intoxilyzer
Model 5000 to be followed at least once every four months are:

A signed original of the preventive maintenance record shall
be kept on file for at least three years.

History Note: Authority G.S. 20‑139.1(b)(b2);

Temporary Amendment Eff. September
1, 1989 for a period of 180 days to expire on February
28, 1990;

Eff. January 1, 1985;

Amended Eff November 1, 2007; April 1, 2001; April 1,
1993; April 1, 1992; January 1, 1990; March 1, 1989.

10a ncac 41b .0322 INTOXIMETERS: MODEL INTOX EC/IR II

The operational procedures to be followed in using the
Intoximeters, Model Intox EC/IR II are:

(1) Insure instrument displays time and date;

(2) Insure observation period requirements have been
met;

(3) Initiate breath test sequence;

(4) Enter information as prompted;

(5) Verify instrument accuracy;

(6) When "PLEASE BLOW" appears, collect
breath sample;

(7) When "PLEASE BLOW" appears, collect
breath sample; and

(8) Print test record.

If the alcohol concentrations differ by more than 0.02, a
third or fourth breath sample shall be collected when "PLEASE BLOW"
appears. Subsequent tests shall be administered as soon as feasible by
repeating steps (1) through (8), as applicable.

(10) Verify that the ethanol gas canister is being
changed before expiration date, or the alcoholic breath simulator solution is
being changed every four months or after 125 Alcoholic Breath Simulator tests,
whichever occurs first.

A signed original of the preventive maintenance record shall
be kept on file for at least three years.

History Note: G.S. 20‑139.1(b2);

Eff. November 1, 2007.

SECTION .0400 ‑ CONTROLLED DRINKING PROGRAMS

10A NCAC 41B .0401 APPLICATION OF REGULATIONS

(a) The regulations of this Section apply to
the handling of alcoholic beverages in connection with one or a series of
controlled‑drinking programs when any aspect of the handling would not be
lawful except for the provisions of G.S. 20‑139.1(g) and these
regulations. If all aspects of the handling of alcoholic beverages in
connection with one or a series of controlled‑drinking programs may be
effected in accordance with North Carolina's laws and regulations of general
application pertaining to the regulation of alcoholic beverages, compliance
with these regulations is not necessary. In all events, governing provisions
of federal law must be met in the handling of alcoholic beverages.

(b) Persons authorized to obtain and possess
alcohol exempt from the taxes of the United States and of North Carolina may
utilize such alcohol in controlled‑drinking programs to the extent
authorized by law. Handling of such tax‑exempt alcohol shall not be
governed by these regulations provided there is compliance with all the other
applicable laws of the United States and of North Carolina.

History Note: Authority G.S. 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. January
1, 1982.

10A NCAC 41B .0402 AUTHORIZATION

(a) Any person may conduct a controlled‑drinking
program without special authorization from the Director if such program is
either under the supervision of a public agency or institution or presented
with the participation of a public employee possessing a valid permit from the
Director to perform chemical analyses of breath or blood and participation by
the permittee has been authorized by his superiors.

(b) Any other person desiring to conduct a
controlled‑drinking program under the authority of these regulations must
apply for authorization from the Director. The Director may grant the
authorization if it appears that the proposed controlled‑drinking program
or series of programs will be conducted in a manner so as to minimize danger or
annoyance to the public on the part of the drinking subjects and that the
program or series of programs will in general further the bona fide objectives
of the chemical testing programs within this state. Request for such authority
shall be submitted so as to reach the Director at least 10 days prior to the
proposed controlled‑drinking program or the initial program of a proposed
series.

History Note: Authority G.S. 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. January
1, 1982.

10A NCAC 41B .0403 HANDLING ALCOHOLIC BEVERAGES

(a) Alcoholic beverage intended for use in a
controlled‑drinking program authorized under these regulations shall be
procured from alcoholic beverage control stores, from the North Carolina
Alcoholic Beverage Control Commission, or from retail establishments duly
licensed to sell wine or malt beverages. Each purchase shall be covered by a
requisition, bill of sale, or other record evidence, showing the date, place of
purchase, type of alcoholic beverage, and the quantity.

(b) An individual procuring alcoholic
beverage for use in a controlled‑drinking program shall be of lawful age
to buy alcoholic beverages.

(c) Alcoholic beverages required for use in a
specific controlled‑drinking program shall be procured on the basis of
estimated requirements and wherever feasible procured just prior to its use.

History Note: Authority G.S. 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990; January 1, 1982.

10A NCAC 41B .0404 QUANTITY LIMITS

Any person handling alcoholic beverages in a
manner consonant with the bona fide objectives of an authorized controlled‑drinking
program may possess and transport such alcoholic beverage wherever necessary or
desirable in furtherance of the objectives of the program within the quantity
limits specified in this Rule. Any person handling alcohol beverages in
conjunction with a controlled‑drinking program shall handle such beverages
in accordance with G.S. 18B‑303.

If the cap or seal on any container of
alcoholic beverage has been opened or broken, such container may not be
transported in the passenger area of a motor vehicle.

History Note: Authority G.S. 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990; January 1, 1982.

10A NCAC 41B .0405 EXCESS OF QUANTITIES

(a) Any person responsible for the handling
of alcoholic beverages in connection with an authorized controlled‑drinking
program may procure, possess, and transport alcoholic beverages in excess of
the quantities allowed by Rule .0404 of this Section provided the person or his
employer holds a valid permit from the North Carolina Alcoholic Beverage
Control Commission. Request for such a permit shall be forwarded to the
Director, indicating the need for the permit, location of the testing program,
the quantity and type alcoholic beverage to be procured and transported, and
the name of the agency or individual to whom the permit should be issued.

(b) Where a series of controlled‑drinking
programs are proposed, the request for the permit may generally state the
nature, extent, and possible locations of such programs and the over‑all
duration of the series. Permits shall not be valid for more than one year.
The Director shall forward such requests to the North Carolina Alcoholic
Beverage Control Commission with appropriate recommendations concerning the
issuance of each permit.

History Note: Authority G.S. 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990; January 1, 1982.

10A NCAC 41B .0406 RESTRICTED USE OF ALCOHOLIC BEVERAGES

(a) When not being used, all alcoholic
beverages shall be stored in a safe place, if possible under lock and key.

(b) Alcoholic beverages procured for use in a
controlled‑drinking program shall be used only for this purpose. Malt
beverages, unfortified wine, fortified wine or spirituous liquor shall not be
given or otherwise administered to anyone under 21 years of age.

(c) Any person, agency, or institution
conducting a controlled‑drinking program is authorized to store such
quantities of alcoholic beverages as may be required for the conduct of the
program.

History Note: Authority G.S. 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. October
1, 1986; October 1, 1983; January 1, 1982.

10A NCAC 41B .0407 RECORDS

(a) Any person, agency, or institution
acquiring alcoholic beverages for use in a controlled‑drinking program
pursuant to these Rules shall keep records accounting for the disposition of
all alcoholic beverages so acquired. Such records shall be made available for
inspection upon the request of any federal or state law enforcement officer
with jurisdiction over the laws relating to alcohol or alcoholic beverages.

(b) As a minimum, records on alcoholic
beverages procured for use in controlled‑drinking programs will show the
following:

(2) the date and quantities of
alcoholic beverages, by type, dispensed for controlled‑drinking purposes;

(3) a running inventory, showing
the quantity of each type alcoholic beverage on hand.

History Note: Authority G.S. 20‑139.1(g);

Eff. February 1, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990; January 1, 1982.

SECTION .0500 ‑ ALCOHOL SCREENING TEST DEVICES

10A NCAC 41B .0501 SCREENING TESTS FOR ALCOHOL CONCENTRATION

(a) This Section governs the requirement of G.S. 20‑16.3
that the Department examine devices suitable for use by law enforcement
officers in making on‑the‑scene tests of drivers for alcohol
concentration and that the Department approve these devices and their manner of
use. In examining devices for making chemical analyses, the Department finds
that at present only screening devices for testing the breath of drivers are
suitable for on-the-scene use by law enforcement officers.

(b) This Section does not address or in any way restrict
the use of screening tests for impairment other than those based on chemical
analyses, including various psychophysical tests for impairment.

(a) Alcohol screening test devices that measure alcohol
concentration through testing the breath of individuals are approved on the
basis of results of evaluations by the Forensic Tests for Alcohol Branch.
Devices shall meet the minimum requirements as set forth in the Department
specifications for Alcohol Screening Test Devices. Evaluations are not limited
in scope and may include any factors deemed appropriate to insure the accuracy,
reliability, stability, cost, and ease of operation and durability of the
device being evaluated. On the basis of evaluations to date, approved devices
are listed in 10A NCAC 41B .0503 of this Section.

(b) When the validity of an alcohol screening test of the
breath of a driver administered by a law enforcement officer depends upon
approval by the Department of the test device and its manner of use, the test
shall be administered as follows:

(1) The officer shall determine that the driver
has removed all food, drink, tobacco products, chewing gum and other substances
and objects from his mouth. Dental devices or oral jewelry need not be
removed.

(2) Unless the driver volunteers the
information that he has consumed an alcoholic beverage within the previous 15
minutes, the officer shall administer a screening test as soon as feasible. If
a test made without observing a waiting period results in an alcohol
concentration reading of 0.08 or more, the officer shall wait five minutes and
administer an additional test. If the results of the additional test show an
alcohol concentration reading more than 0.02 under the first reading, the
officer shall disregard the first reading.

(3) The officer may request that the driver
submit to one or more additional screening tests.

(4) In administering any screening test, the
officer shall use an alcohol screening test device approved under 10A NCAC 41B
.0503 of this Section in accordance with the operational instructions supplied
by the Forensic Tests for Alcohol Branch and listed on the device.

(b) The agency or operator shall verify instrument
calibration of each alcohol screening test device at least once during each 30
day period of use. The verification shall be performed by employment of an
alcoholic breath simulator using simulator solution in accordance with the rules
in this Section or an ethanol gas canister.

(d) Ethanol gas canisters used exclusively to verify
instrument calibration of alcohol screening test devices shall not be utilized
beyond the expiration date on the canister.

(e) Requirements of Paragraphs (b), (c), and (d) of this
Rule shall be recorded on an alcoholic breath simulator log or an ethanol gas
canister log designed by the Forensic Tests for Alcohol Branch and maintained
by the user agency.

History Note: Authority G.S. 20‑16.3;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. July 1, 2007; November 1, 2005; April 1,
2001; January 1, 1995; January 4, 1994; April 1, 1993; January 4, 1993.

SUBCHAPTER 41C ‑ OCCUPATIONAL HEALTH

SECTION .0100 ‑ GENERAL

10A NCAC 41C .0101 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0102 ACTIVITIES

(a) The Occupational Health Section shall conduct programs
to help obtain a safe and healthy workplace. The activities shall include at
least the following:

(1) support the North Carolina Industrial
Commission in meeting the legislative mandate assigned to evaluate and control
incidences of asbestosis and silicosis in dusty trades;

(2) supply program consultation services to North Carolina employers to evaluate hazardous conditions and recommend solutions and
improvements;

(b) The Occupational Health Section shall also offer
technical assistance to other state and federal agencies.

History Note: Authority G.S. 130A‑5(3);

Eff. September 15, 1980;

Amended Eff. January
4, 1994; September 1, 1990.

SECTION .0200 ‑ DUSTY TRADES PROGRAM

10A NCAC 41C .0201 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0202 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0203 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0204 ADVISORY MEDICAL COMMITTEE

(a) The Advisory Medical Committee consists of three
members who are appointed by the Industrial Commission and approved by the
Governor.

(b) Each member shall be paid one hundred dollars ($100.00)
per month for conducting examinations and making reports and for assisting in
any post mortem examinations when so directed by the North Carolina Industrial
Commission.

History Note: Authority G.S. 97‑69; 97‑73;
130A‑5(3);

Eff. September 15, 1980;

Amended Eff. February
1, 1990; December 1, 1980.

10A NCAC 41C .0205 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0206 FEES FOR MEDICAL EXAMS IN DUSTY TRADES

Employers
will be charged a fee for each employee screened by the chest consultant
pursuant to G.S. 97‑60. The fee for this will be eight dollars ($8.00)
per x‑ray.

History Note: Authority G.S. 97-72(b);

Temporary Adoption Eff. January
8, 1992 for a Period of 180 Days to Expire on July
5, 1992;

Eff. March 2, 1992;

Temporary Amendment Eff. February
10, 1998;

Amended Eff. April
1, 1999.

SECTION .0300 ‑ INDUSTRIAL HYGIENE CONSULTATION PROGRAM

10A NCAC 41C .0301 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0302 SURVEYS

(a) The Occupational Health Section shall conduct
consultative industrial hygiene surveys in the workplace. Such surveys shall
include the following elements:

(1) An on‑site survey of the potential
health problem;

(2) Air samples with submission to the state
laboratory for analysis or the test may be made with on‑site evaluation
and interpretation;

(3) Calculation of laboratory or on‑site
results, and a written report citing the findings of the survey and
recommending feasible controls for the particular industry.

(b) The industrial hygiene consultative staff shall perform
surveys at the request of the Industrial Commission.

History Note: Authority G.S. 130A‑5(3); 130A‑5(5);
130A‑5(10);

Eff. September 15, 1980;

Amended Eff. September
1, 1990.

10A NCAC 41C .0303 POTENTIAL HEALTH HAZARDS

The industrial hygiene consultative staff may evaluate
existing controls of potential industrial health hazards and may recommend
improvements upon request by the industry.

History Note: Authority G.S. 130A‑5(3);

Eff. September 15, 1980.

10A NCAC 41C .0304 TRAINING AND TECHNICAL ASSISTANCE

The industrial hygiene consultative staff may provide
training and technical assistance to industry concerning control of health
hazards. These services may be provided by conferences, seminars or training
courses.

History Note: Authority G.S. 130A‑5(3);

Eff. September 15, 1980.

10A NCAC 41C .0305 RESEARCH

The industrial hygiene consultative staff may conduct
research, such as epidemiological studies concerning diseases that arise in and
out of the work environment during the course of employment.

History Note: Authority G.S. 130A‑5(3);

Eff. September 15, 1980.

10A NCAC 41C .0306 FEE TO COVER TRANSPORTATION COSTS

Employers who voluntarily request industrial hygiene
consultation services or occupational consultation services from the
Occupational Health Section shall be charged a fee of two hundred dollars
($200.00) per on‑site inspection to cover the transportation costs of
responding to the request.

The responsibilities of the occupational health nursing
consultant shall include at least the following:

(1) answering requests from private firms or state and
local governments expressing interest in initiating, providing or improving
occupational health services;

(2) offering program consultation to staff of
established occupational health units in industry by responding to requests for
visits and by initiating visits;

(3) providing program consultation to agencies,
organizations and colleges and universities in planning and coordinating
conferences, seminars and continuing education courses for occupational health
nurses as indicated by a needs assessment;

(4) compiling and distributing educational and
informational material to the occupational health nurses in North Carolina;

(a) The definitions contained in G.S. 130A‑444 and
the following definitions shall apply throughout this Section:

(1) "Abatement Designer" means a person
who is directly responsible for planning all phases of an asbestos abatement
design from abatement site preparation through complete disassembly of all
abatement area barriers. In addition to meeting the accreditation requirements
of Rule .0602(c)(5) of this Section, the abatement designer may be subject to
the licensure requirements for a Registered Architect as defined in G.S. 83A or
a Professional Engineer as defined in G.S. 89C.

(2) "Abatement Project Monitoring
Plan" means a written project‑specific plan for conducting visual
inspections and ambient and clearance air sampling.

(4) "Asbestos Abatement Design" means
a written or graphic plan prepared by an accredited abatement designer
specifying how an asbestos abatement project will be performed, and includes,
but is not limited to, scope of work and technical specifications. The
asbestos abatement designer's signature and accreditation number shall be on
all such abatement designs.

(5) "Completion Date" means the date
on which all activities on a permitted asbestos removal requiring the use of
accredited workers and supervisors are complete, including the complete
disassembly of all removal area barriers.

(6) "Emergency Renovation Operation"
as defined in 40 CFR Part 61.141 as adopted in Rule .0609 of this Section.

(7) "Inspector" means a person who
examines buildings or structures for the presence of asbestos containing
materials, collects bulk samples or conducts physical assessments of the
asbestos containing materials. A person whose asbestos inspection activities
are limited to roofing products is not considered an inspector under this
definition if the person is accredited as a roofing supervisor under this
Section.

(8) "Installation" means any building
or structure or group of buildings or structures at a single site under the
control of the same owner or operator.

(10) "Nonscheduled Asbestos Removal"
means an asbestos removal required by the routine failure of equipment, which
is expected to occur within a given period based on past operating experience,
but for which an exact date cannot be predicted.

(11) "Program" means the Health Hazards
Control Branch within the Division of Public Health.

(12) "Public Area" means as defined in
G.S. 130A‑444(7). Any area to which access by the general public is
usually prohibited, or is usually limited to access by escort only, shall not
constitute a "public area."

(13) "Regulated Asbestos Containing
Material" as defined in 40 CFR Part 61.141 as adopted in Rule .0609 of
this Section.

(14) "Start Date" means the date on
which activities on a permitted asbestos removal project requiring the use of
accredited workers and supervisors begin, including removal area isolation and
preparation or any other activity which may disturb asbestos containing
materials.

(15) "Supervising Air Monitor" means a
person who prepares a written abatement project monitoring plan and implements
the plan or ensures that the plan is implemented by an air monitor working
under his supervision. The supervising air monitor directs, coordinates and
approves all activities of air monitors working under his supervision. The
supervising air monitor may also perform the duties of an air monitor.

(16) "Supervisor" means a person who is
a "competent person" as defined in 29 CFR 1926.1101(b) and adopted by
13 NCAC 07F .0201 and amendments or recodifications as adopted by the North
Carolina Department of Labor, and who is an "on‑site
representative" as defined in 40 CFR Part 61.145(c)(8) as adopted in Rule
.0609 of this Section, and who performs the duties specified therein.

(17) "Under the direct supervision"
means working under the immediate guidance of an accredited individual who is
responsible for all activities performed.

(18) "Worker" means a person who
performs asbestos abatement under the direct supervision of an accredited
supervisor.

(19) "Working day" means Monday through
Friday. Holidays falling on any of these days are included in the definition.

(20) "Class II Asbestos Work" means as
defined in 29 CFR 1926.1101(b) which is incorporated by reference in Paragraph
(c) of this Rule.

(22) "Roofing Supervisor" means a
supervisor as defined in Subparagraph (a)(16) of this Rule, whose duties
regarding asbestos are limited to Class II asbestos work involving only roofing
products that are classified as regulated asbestos containing material. This
person may also perform asbestos roofing inspection activities which are
limited to roofing products, including the collection of bulk samples.

(b) Asbestos management activities conducted pursuant to
this Section shall comply with "AHERA" as defined in G.S. 130A‑444(1)
and 40 CFR Part 763, Subpart E and Appendices, as applicable. 40 CFR Part 763,
Subpart E is hereby incorporated by reference, including any subsequent
amendments and editions. This document is available for inspection at the
Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915. Copies may be obtained from the Government Printing Office by writing to the Superintendent
of Documents, Government Printing Office, PO Box 371954, Pittsburgh, PA
15250‑7954, at a cost of twenty‑six dollars ($26.00).

(c) 29 CFR 1926.1101 is hereby incorporated by reference,
including any subsequent amendments and editions. This document is available
for inspection at the Division of Public Health, 1915 Mail Service
Center, Raleigh, North Carolina 27699-1915. Copies may be obtained from the
Government Printing Office by writing to the Superintendent of Documents,
Government Printing Office, PO Box 371954, Pittsburgh, PA 15250-7954,
at a cost of twenty-six dollars ($26.00).

History Note: Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Temporary Amendment Eff. November
1, 1989 for a period of 180 days to expire on April
30, 1990;

Temporary Rule Eff. October
28, 1988 for a period of 180 days to expire on April
26, 1989;

(a) No person shall perform asbestos management activities
until that person has been accredited by the Program in the appropriate accreditation
category, except as provided for in G.S. 130A‑447, (b) and (c).

(b) An applicant for accreditation shall meet the
provisions of the "EPA Model Contractor Accreditation Plan" contained
in 40 CFR Part 763, Subpart E, Appendix C and successfully complete applicable
training courses approved by the Program pursuant to Rule .0603 of this
Section. However, an applicant applying for roofing worker or roofing
supervisor accreditation shall only be required to successfully complete the
applicable training courses as described under Rule .0611 of this Section.

(c) In addition to the requirements in Paragraph (b) of
this Rule, an applicant, other than for the worker or roofing worker
categories, shall meet the following:

(1) an applicant for initial accreditation
shall have successfully completed an approved initial training course for the
specific discipline within the 12 months immediately preceding application. If
initial training was completed more than 12 months prior to application, the
applicant shall have successfully completed an approved refresher training
course for the specific discipline at least every 24 months from the date of
completion of initial training to the date of application;

(2) an inspector shall have:

(A) a high school diploma or equivalent; and

(B) at least three months of asbestos related experience
as, or under the direct supervision of, an accredited inspector, or equivalent
experience;

(3) a management planner shall have a high
school diploma or equivalent and shall be an accredited inspector;

(4) a supervisor or roofing supervisor shall
have:

(A) a high school diploma or equivalent; except that
this requirement shall not apply to supervisors that were accredited on
November 1, 1989, or roofing supervisors that were accredited prior to April 1,
1997; and

(B) at least three months of asbestos related experience
as, or under the direct supervision of, an accredited supervisor, or equivalent
experience;

(5) an abatement designer shall have:

(A) a high school diploma or equivalent; and

(B) at least three months of asbestos related experience
as, or under the direct supervision of, an accredited abatement designer, or
equivalent experience;

(6) an air monitor shall work only under an
accredited supervising air monitor or meet the provisions of Part (c)(7)(C) of
this Rule. However, this requirement shall not apply to the owner or operator
of a building and his permanent employees when performing air monitoring in non‑public
areas. In addition, all air monitors shall meet the following requirements:

(A) Education and Work Experience:

(i) a high school diploma or equivalent;

(ii) three months of asbestos air monitoring
experience as, or under the direct supervision of, an accredited air monitor or
equivalent within 12 months prior to applying for accreditation;

(B) Training Requirements:

(i) complete a Program approved NIOSH 582 or
Program approved NIOSH 582 equivalent and meet the initial and refresher
training requirements of this Rule for supervisors; Program approved project
monitor refresher course may be substituted for the supervisor refresher
course; or

(ii) meet the initial and refresher training
requirements of this Rule for a Program approved five‑day project monitor
course and a Program approved annual refresher course;

(iii) air monitors with a valid accreditation on October
1, 1994 shall have until October 1, 1995 to meet the training requirements for
air monitors set forth in this Paragraph;

(7) a supervising air monitor shall meet the
following requirements:

(A) Education and Work Experience:

(i) a high school diploma or equivalent;

(ii) three months of asbestos air monitoring
experience as, or under the direct supervision of, an accredited air monitor or
equivalent within 12 months prior to applying for accreditation;

(B) Training Requirements:

(i) complete a Program approved NIOSH 582 or
Program approved NIOSH 582 equivalent and meet the initial and refresher
training requirements of this Rule for supervisors; a Program approved project
monitor refresher course may be substituted for the supervisor refresher
course; or

(ii) meet the initial and refresher training
requirements of this Rule for a Program approved five-day project monitor
course and a Program approved annual refresher course;

(iii) supervising air monitors with a valid
accreditation on October 1, 1994 shall have until October 1, 1995 to meet the
training requirements for supervising air monitors set forth in this Paragraph;

(C) Professional Status:

(i) a supervising air monitor who was accredited as
an air monitor on or after February 1, 1991, or an air monitor accredited prior
to that date who has not continuously maintained accreditation, shall be a
Certified Industrial Hygienist;

(ii) a supervising air monitor who was accredited as
an air monitor prior to February 1, 1991, who has continuously maintained
accreditation shall be a Certified Industrial Hygienist, Professional Engineer,
or Registered Architect;

(D) Air monitors with a valid accreditation on January
1, 1995 supervising other accredited air monitors shall be deemed to be
accredited supervising air monitors for the duration of their existing air
monitor accreditation.

(d) To obtain accreditation, the applicant shall submit, or
cause to be submitted, to the Program:

(1) a completed application on a form provided
by the Program with the following information:

(A) full name and social security number of applicant;

(B) address, including city, state, zip code, and
telephone number;

(C) date of birth, sex, height, and weight;

(D) discipline applied for;

(E) name, address, and telephone number of employer;

(F) training agency attended;

(G) name of training course completed;

(H) dates of course attended;

(2) two current 13 inch x 13 inch color
photographs of the applicant with applicant's name and social security number
printed on the back;

(3) confirmation of completion of an approved
initial or refresher training course from the training agency; the confirmation
shall be in the form of an original certificate of completion of the approved
training course bearing the training agency's official seal, or an original
letter from the training agency confirming completion of the course on training
agency letterhead, or an original letter from the training agency listing names
of persons who have successfully completed the training course, with the
applicant's name included, on the training agency letterhead;

(4) when education is a requirement, a copy of
the diploma or other written documentation;

(5) when experience is a requirement, work
history documenting asbestos related experience, including employer name,
address and phone number; positions held; and dates when the positions were
held; and

(6) when applicants for initial air monitor
accreditation are working under an accredited supervising air monitor pursuant
to Subparagraph (c)(6) of this Rule, the accredited supervising air monitor
shall submit an original, signed letter acknowledging responsibility for the
applicant's air monitoring activities. The applicant shall ensure that a new
letter is submitted to the Program any time the information in the letter
currently on file is no longer accurate.

(e) All accreditations shall expire at the end of the 12th
month following completion of required initial or refresher training. Work
performed after the 12th month and prior to reaccreditation shall constitute a
violation of this Rule. To be reaccredited, an applicant shall have
successfully completed the required refresher training course within 24 months
after the initial or refresher training course. An applicant for
reaccreditation shall also submit information specified in Subparagraphs (d)(1)‑(d)(6)
of this Rule. If a person fails to obtain the required training within 12
calendar months after the expiration date of accreditation, that person may be
accredited only by meeting the requirements of Paragraphs (b), (c), and (d) of
this Rule.

(f) All accredited persons shall be assigned an
accreditation number and issued a photo‑identification card by the
Program.

(g) In accordance with G.S. 130A‑23, the Program may
revoke accreditation or reaccreditation for any violation of G.S. 130A, Article
19 or the rules in this Section, or upon finding that its issuance was based
upon incorrect or inadequate information that materially affected the decision
to issue accreditation or reaccreditation. The Program may also revoke
accreditation or reaccreditation upon a finding that the accredited person has
violated any requirement referenced in Rule .0605(e) of this Section. A person
whose accreditation is revoked because of fraudulent misrepresentations or
because of violations that create a significant public health hazard shall not
reapply for accreditation before six months after the revocation and shall
repeat the initial training course and other requirements as set out in
Paragraphs (b), (c), and (d) of this Rule.

History Note: Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Temporary Amendment Eff. November
1, 1989 for a period of 180 days to expire on April
30, 1990;

Temporary Rule Eff. October
28, 1988 for a period of 180 days to expire on

(a) Pursuant to Rule .0602 of this Section, applicants for
accreditation and reaccreditation are required to successfully complete
training courses approved by the Program. Training courses:

(1) Required or recommended by 40 CFR Part 763,
Subpart E, Appendix C and approved for a specific training provider by the
Environmental Protection Agency or by a state with an Environmental Protection
Agency‑approved accreditation program, or by a state that has a written
reciprocating agreement with the Program and meeting the requirements under
Paragraph (g) of this Rule shall be deemed approved by the Program unless
approval is suspended or revoked in accordance with Paragraph (I) of this Rule;

(2) Required or recommended under 40 CFR Part
763, Subpart E, Appendix C and having no prior Program approval as specified in
Subparagraph (a)(1) of this Rule shall meet the requirements of 40 CFR Part
763, Subpart E, Appendix C, I and III, and this Rule; or

(3) Other than those covered in Subparagraphs
(1) and (2) of this Paragraph which are required for North Carolina
accreditation purposes shall meet the requirements of this Rule. Roofing
worker or roofing supervisor courses taught prior to the effective date of
these Rules and after August 10, 1994, that met the requirements of Rule .0611
of this Section shall be considered acceptable for accreditation purposes.

(b) Refresher training courses shall review and discuss
changes in the Federal and State regulations, developments in the state‑of‑the‑art
procedures, and key aspects of the initial courses outlined under 40 CFR Part
763, Subpart E, Appendix C or Rule .0611 of this Section, as applicable.

(c) At the completion of the refresher training courses in
all disciplines, the training provider shall administer a written closed book
examination, approved by the Program. The requirements for the examination
shall consist of a minimum of 25 multiple choice questions. For successful
completion of the course the applicant shall pass the exam with a minimum score
of 70 percent.

(d) Training courses shall be evaluated to maintain
approval by the Program for course administration, course length, curriculum,
training methods, instructors' qualifications, instructors' teaching
effectiveness, technical accuracy of written materials and instruction,
examination, and training certificate. The evaluation shall be conducted using
40 CFR Part 763, Subpart E, Appendix C, Rules .0608 and .0611 of this Section,
or NIOSH 582 curriculum, as applicable, which are hereby incorporated by
reference, including any subsequent amendments and editions. These documents
are available for inspection at the Division of Public Health, 1915 Mail
Service Center, Raleigh, North Carolina 27699-1915. Copies of 40 CFR Part
763, Subpart E, Appendix C may be obtained by writing to the Superintendent of
Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA
15250‑7954, at a cost of twenty‑six dollars ($26.00). Copies of
the NIOSH 582 curriculum may be obtained by writing the Division of Public
Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915
at a cost of thirty‑five dollars ($35.00).

(e) Training course providers shall submit the following
for evaluation and approval by the Program:

(1) a completed application on a form provided
by the Program, along with supporting documentation. The form and supporting
documentation shall include the following:

(A) name, address, and telephone number of the training
provider, and name and signature of the contact person;

(B) course title, location and the language in which the
course is to be taught;

(C) a student manual and an instructor manual for each
course and a content checklist that identifies and locates sections of the
manual where required topics are covered;

(D) course agenda;

(E) a copy or description of all audio/visual materials
used;

(F) a description of each hands‑on training
activity;

(G) a copy of a sample exam;

(H) a sample certificate with the following information;
and

(i) Name and social security number of student;

(ii) Training course title specifying initial or
refresher;

(iii) Inclusive dates of course and applicable
examination;

(iv) Statement that the student completed the course
and passed any examination required;

(v) Unique certificate number as required;

(vi) For courses covered under 40 CFR Part 763,
Subpart E, Appendix C, certificate expiration date that is one year after the
date the course was completed and the applicable examination passed;

(vii) Printed name and signature of the training
course administrator and printed name of the principal instructor;

(viii) Name, address, and phone number of the training
provider;

(ix) Training course location;

(x) For courses required under 40 CFR Part 763,
Subpart E, Appendix C, a statement that the person receiving the certificate
has completed the requisite training for asbestos accreditation under Title II
of the Toxic Substances Control Act; and

(xi) For training courses taught in languages other
than English, the certificate shall indicate the language of the course.

(I) a list of training currently being provided.

(2) A list of instructors and their
qualifications in accordance with Rule .0608 of this Section.

(f) An application for course approval shall be processed
as follows:

(1) The Program shall review the application
and supporting documentation submitted pursuant to Paragraph (e) of this Rule
and advise the applicant of any deficiencies;

(2) If the submitted documentation meets all
applicable requirements of this Rule, the Program shall notify the applicant of
this and also advise the applicant that it may contact the Program to schedule
an on-site audit; of a training course taught in North Carolina; approval of
submitted documentation does not constitute course approval;

(3) If the Program determines, as a result of
the audit, that the training course meets all applicable requirements of this
Rule, it shall issue course approval. If the course does not meet these
requirements, the Program shall notify the applicant of the deficiencies and
advise that applicant that it may request one additional audit, which shall be
held no more than six months from the date of the first audit; a request for
audit after that time shall require a new application and fee;

(4) If the Program determines, as the result of
the second audit, that the training course meets all applicable requirements of
this Rule, it shall issue course approval. If the course does not meet all
these requirements, the Program shall notify the applicant of the deficiencies
and advise the applicant that it may not reapply for course approval for the
audited course for a period of six months from the date of the last audit;

(5) The Program shall not accept certificates
pursuant to Rule .0602 of this Section for a training course that is not
approved or deemed approved pursuant to this Rule.

(g) Training course providers shall perform the following
in order to maintain approval of all initial and refresher courses:

(1) Issue a certificate of training meeting the
requirements of Part (e)(1)(H) of this Rule to any student who completes the
required training and passes the applicable examination.

(2) Submit to the Program written notice of
intention to conduct a training course for North Carolina asbestos
accreditation purposes if the course is to be taught in North Carolina or if
requested by the Program. Notices for training courses, except asbestos
worker, shall be postmarked or received 10 working days before the training
course begins. Notices for asbestos worker training courses shall be
postmarked or received five working days before the training course begins. If
the training course is canceled, the training course provider shall notify the
Program at least one working day prior to the scheduled start date.
Notification of intent to conduct a training course shall be made using a form
provided by the Program and shall include the following:

(A) Training provider name, address, phone number and
contact person;

(B) Training course title;

(C) Inclusive dates of course and applicable exam;

(D) Start and completion times;

(E) Identify whether the course is public offering,
contract training, or for the training provider's employees;

(F) Location and directions to course facility;

(G) Language in which the course is taught; and

(H) Principal instructor.

(3) Notify the Program, in writing, at least 10
working days prior to the scheduled course start date, of any changes to course
length, curriculum, training methods, training manual or materials,
instructors, examination, training certificate, training course administrator
or contact person. The changes must be approved by the Program in order for
the course to be acceptable for accreditation purposes.

(4) Submit to the Program information and
documentation for any course approved under Subparagraph (a) of this Rule if
requested by the Program.

(5) Ensure that all instructors meet the
requirements of Rule .0608 of this Section and are approved by the Program.

(6) Ensure that all training courses covered
under this Rule meet the following requirements:

(A) All initial training courses shall have a maximum of
40 students;

(B) A day of training shall include at least six and one‑half
hours of direct instruction, including classroom, hands‑on training or
field trips;

(C) Regular employment and instruction time shall not
exceed 12 hours in a 24 hour period;

(D) A training course shall be completed within a two‑week
period;

(E) All instructors and students shall be fluent in the
language in which the course is being taught;

(F) An interpreter shall not be used;

(G) Upgrading worker accreditation to that of supervisor
by completing only one day of initial training is not permitted. Separate
initial training as a supervisor is required;

(H) A single instructor is allowed only for a worker
course. Other initial disciplines shall have a minimum of two instructors;

(I) Instructor ratio for hands‑on shall be no
more than 10 students per instructor;

(J) All course materials shall be in the language in
which the course is being taught;

(L) Students shall be allowed to take an examination no
more than twice for each course. After two failures, the student shall retake
the full course before being allowed to retest; and

(M) Training providers shall provide examination security
to prevent student access to the examination materials before and after the
exam. Training providers shall take measures to preclude cheating during the
exam, such as providing space between students, prohibiting talking, and
monitoring students throughout the exam.

(7) Verify, by photo identification, the
identity of any student requesting training.

(8) For each course approved or deemed approved
by the Program under Paragraph (a) of this Rule and taught in North Carolina,
the training provider shall submit a completed renewal application on a form
provided by the Program. Effective January
1, 1995, a renewal application shall be submitted prior to the next course
offering and annually thereafter. If an annual training course renewal lapses,
the provider shall submit a renewal application prior to offering the course
again in North Carolina. Training courses approved by the Program under
Paragraph (f) of this Rule shall be taught at least once every three years in North Carolina.

(10) Work practice and worker protection
demonstrations and hands-on exercises, including, but not limited to respirator
fit testing, presented in all training courses covered under this Rule shall be
conducted following the procedures provided in 29 CFR 1926.1101 which is
incorporated by reference in Rule .0601(c) of this Section.

(h) Training course providers shall permit Program
representatives to attend, evaluate and monitor any training course, take the
course examination and have access to records of training courses without
charge or hindrance to the Program for the purpose of evaluating compliance
with 40 CFR Part 763, Subpart E, Appendix C and these Rules. The Program shall
perform periodic and unannounced on‑site audits of training courses.

(i) In accordance with G.S. 130A‑23, the Program may
revoke approval for a training course for violation of this Rule and shall
revoke approval upon revocation of approval by the Environmental Protection
Agency or by any state with an Environmental Protection Agency‑approved
accreditation program. A training provider whose approval has been revoked by
the Program shall not be eligible for reapproval for a period of one year from
the date of revocation. The Program shall also revoke course approval for all
courses taught by a training provider upon a finding that the training course
provider has issued one or more certificates to an individual who did not
actually attend the course, either initial or refresher, and pass the
examination. When course approval is revoked for improper issuance of
certificates, the training course provider shall not be eligible for reapproval
for a period of three years from the date of revocation.

History Note: Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Temporary Rule Eff. November
1, 1989 for a period of 180 days to expire on April
30, 1989;

(a) All Local Education Agencies as defined in 40 CFR Part
763, Subpart E shall submit Asbestos Management Plans for school buildings to
the Program on forms provided by the Program. Asbestos Management Plans shall
meet the requirements contained in 40 CFR Part 763, Subpart E.

(b) In addition to the requirements in Paragraph (a) of
this Rule, the management plan shall identify, locate, classify, quantify, and
assess asbestos containing building materials.

(c) All Local Education Agencies shall submit to the
Program, within 120 days of the actual on‑site reinspection, the Asbestos
Hazard Emergency Response Act reinspection reports as required under 40 CFR
Part 763, Subpart E. These reports shall be submitted on forms provided by the
Program.

(d) All inspectors and management planners developing
management plans and reinspection reports under the Asbestos Hazard Emergency
Response Act shall comply with all requirements of 40 CFR Part 763, Subpart E
and the rules of this Section.

History Note: Temporary Rule Eff. November 1, 1989 for
a period of 180 days to expire on April 30, 1990;

(1) individual removals that exceed the
threshold amounts addressed in this Paragraph;

(2) nonscheduled asbestos removals conducted at
an installation that exceed the threshold amounts addressed in this Paragraph
in a calendar year of January 1 through December 31. Other asbestos abatement
activities are exempt from the permit requirements of G.S. 130A‑449.

(b) All applications shall be made on a form provided or
approved by the Program. The application submittal shall include at least all
of the information specified under the notification requirements of 40 CFR Part
61.145(b), Subpart M as adopted in Rule .0609 of this Section. Applications
for asbestos containing material removal permits shall adhere to the following
schedule.

(1) Applications for individual asbestos
removals shall be postmarked or received by the Program at least 10 working
days prior to the scheduled removal start date. For emergency renovation
operations involving asbestos removal, the 10 working days notice shall be
waived. An application for a permit for the emergency renovation operation
shall be postmarked or received by the Program as early as possible before, but
not later than, the following working day. Permit applications for emergency
renovation operations shall be accompanied by a letter from the owner or his
representative explaining the cause of the emergency;

(2) Applications for nonscheduled asbestos
removals shall be postmarked or received by the Program at least 10 working
days before the start of the calendar year and shall expire on or before the
last day of the same calendar year. Reports of the amount of regulated
asbestos containing material removed shall be made at least quarterly to the
Program.

(c) Application for revision to an issued asbestos removal
permit shall be made by the applicant in writing on a form provided by the
Program and shall be received by the Program in accordance with the following:

(1) Revision to a start date for a project that
will begin after the start date stated in the approved permit shall be received
on or before the previously stated start date or previously revised start date;

(2) Revision to a start date for a project that
will begin before the start date stated in the approved permit shall be
received at least 10 working days before the new start date;

(3) Revision to a completion date that will be
extended beyond the completion date stated in the approved permit shall be received
by the original or previously revised completion date;

(4) Revision to a completion date that will be
earlier than the completion date stated in the approved permit shall be
received by the new completion date; and

(5) Revisions to permits other than start or
completion dates shall be submitted to the Program prior to initiating the
activity which the revision addresses.

(d) The following shall be maintained on site during
removal activities and be immediately available for review by the Program:

(1) a copy of the removal permit issued by the
Program and all revisions with the Program's confirmation of receipt;

(2) a copy of applicable asbestos abatement
design and project monitoring plan; and

(3) photo identification cards issued by the
Program for all accredited personnel performing asbestos management activities.

(f) All permitted removals shall be conducted under the direct
supervision of an accredited supervisor, except that permitted removals of
roofing products may be conducted under the direct supervision of an accredited
roofing supervisor. The supervisor or roofing supervisor, as applicable, shall
be on‑site at all times when removal activities are being performed. For
the purpose of this Rule, removal activities for roofing products, means the
tear off and disposal activities associated with these products, and does not
include the roof replacement.

(h) In accordance with G.S. 130A‑23, the Program may
suspend or revoke the permit for any violation of G.S. 130A, Article 19 or any
of the rules of this Section. The Program may also revoke the permit upon a
finding that its issuance was based upon incorrect or inadequate information
that materially affected the decision to issue the permit. Notwithstanding
permit suspension or revocation for violation of the rules of this Section, an
asbestos removal permit shall also be subject to suspension or revocation if
the removal activities are in violation of the following provisions with regard
to asbestos abatement, as determined by the agencies which administer these
Rules:

(1) Department of Labor rules found at Chapter
7, Title 13 of the North Carolina Administrative Code;

(2) Department of Transportation rules found at
Title 19A, of the North Carolina Administrative Code;

(3) Solid Waste Management rules found at
Chapter 13, Title 15A of the North Carolina Administrative Code.

(i) All waste shipment records shall be submitted to the
Program by the building owner or a representative of the owner for all asbestos
removal projects permitted under this Rule. This submittal shall be made on a
form provided or approved by the Program. This form shall include at least all
of the information specified under the waste shipment record requirements of 40
CFR Part 61, Subpart M, Section 61.150(d) as adopted in Rule .0609 of this
Section.

(j) The following schedule shall be adhered to in the
submittal of waste shipment records:

(1) For individually permitted asbestos
removals, the waste shipment records shall be postmarked or received by the
Program within 45 days from the completion date provided on the permit; and

(2) For nonscheduled asbestos removals, the
waste shipment records shall be postmarked or received by the Program within 30
days after the end of each quarter.

History Note: Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Temporary Rule Eff. November 1, 1989 for a period of 180
days to expire on April 30, 1990;

(a) The fee required by G.S. 130A‑450 shall be
submitted with an application for the asbestos containing material removal
permit. The fees shall be as follows:

(1) Fees for the removal of floor tiles,
cementitious asbestos containing wallboard or panels and asbestos containing
roofing material shall be one percent of the contract price or ten cents
($0.10) per square foot, whichever is greater;

(2) Fees for the removal of ceiling tiles shall
be one percent of the contract price or ten cents ($0.10) per square foot,
whichever is greater;

(3) Fees for the removal of surfacing material,
thermal system insulation and other asbestos containing materials shall be one
percent of the contract price or twenty cents ($0.20) per square or linear
foot, whichever is greater;

(4) Fees for demolition shall be a maximum of
three hundred dollars ($300.00). Demolition, for the purposes of this Rule
only, means the act of razing a building or structure, or portion thereof, to
the ground. Removal of regulated asbestos containing material from any
undemolished portion of a building or structure shall be permitted as an
individual asbestos removal; and

(5) An owner of any single family dwelling in
which the owner resides or will reside after the asbestos removal is complete
is exempt from permit fees. A permit shall not be issued until the required
fee is paid.

(b) The fee required by G.S. 130A‑448(a) shall be
submitted with an application for accreditation or reaccreditation. The amount
of the fee shall be one hundred dollars ($100.00) for each category, except
that the fee for persons applying for accreditation or reaccreditation as
workers or roofing workers shall be twenty‑five dollars ($25.00).
However, if a person applies for accreditation or reaccreditation in more than
one category per calendar year, the amount of the fee shall be one hundred
dollars ($100.00) for accreditation or reaccreditation in the first category
and seventy‑five ($75.00) for accreditation or reaccreditation in each
remaining category, except for workers. A person shall not be accredited or
reaccredited until the required fee is paid.

(c) The fees required by G.S. 130A-448(b) shall be
submitted with the application for each initial course approval and each
renewal course approval. The amount of the fee shall be one thousand five
hundred dollars ($1,500.00) for each initial course approval and two hundred
dollars ($200.00) for each renewal course approval.

History Note: Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Temporary Rule Eff. November
1, 1989 for a period of 180 days to expire on April
30, 1990;

(a) The maximum allowable ambient asbestos level in the air
for public areas shall be:

(1) 0.01 fibers per cubic centimeter as
analyzed by phase contrast microscopy, or

(2) arithmetic mean of less than or equal to 70
structures per millimeter square as analyzed by transmission electron
microscopy, or

(3) a Z‑Test result that is less than or
equal to 1.65 as analyzed by transmission electron microscopy.

(b) For individually permitted asbestos removals, ambient
air sampling shall be conducted in public areas adjacent to the work area.
Initial sampling shall be conducted on the day that regulated asbestos
containing material removal begins. The sampling shall continue on a daily
basis unless, or until, the supervising air monitor specifies differently.
Potential public asbestos exposure shall be considered when determining the
frequency and location of the sampling.

(c) Clearance air sampling shall be conducted in accordance
with Paragraphs (d) and (e) of this Rule for all individually permitted
asbestos removal projects conducted in public areas. Clearance air samples shall
be analyzed by:

(1) transmission electron microscopy and comply
with the levels specified under Subparagraph (a)(2) or (a)(3) of this Rule for
each individually permitted removal of more than 3000 square feet (281 square
meters), 1500 linear feet (462 meters), or 656 cubic feet (18 cubic meters) of
regulated asbestos containing material; or

(2) transmission electron microscopy or phase
contrast microscopy and comply with the levels specified in Paragraph (a) of
this Rule for all other permitted asbestos removals, including asbestos
removals exceeding threshold amounts stipulated in Subparagraph (c)(1) of this
Rule in buildings scheduled for demolition. Demolition, for the purposes of
this Rule, means as defined in Rule .0606(a)(4) of this Section.

(e) Sample analysis for phase contrast microscopy or
transmission electron microscopy samples shall be performed by a laboratory
meeting the requirements of P.L. 99‑519 and 40 CFR 763 and accompanying
appendices. Laboratories performing phase contrast microscopy analysis
pursuant to this Rule shall have a rating of proficient by the American Industrial
Hygiene Association's Proficiency Analytical Testing Program. Individuals
performing phase contrast microscopy analysis at the asbestos removal location
shall be rated proficient in the American Industrial Hygiene Association's
Asbestos Analysts Registry Program. If all microscopists in a particular
laboratory performing phase contrast microscopy analysis are rated as
proficient by the Asbestos Analysts Registry Program, enrollment and
proficiency in the Proficiency Analytical Testing Program is not required.

(f) A final visual inspection shall be conducted by an
accredited air monitor or an accredited supervising air monitor for all
permitted asbestos removals conducted in public areas. This visual inspection
shall be conducted prior to clearance air sampling. The final visual
inspection shall assure that all asbestos containing residue, dust, and debris
and asbestos contaminated equipment has been removed.

(g) Any person performing ambient or clearance air sampling
or visual inspection during an asbestos removal as specified under Paragraphs
(b), (c), and (f) of this Rule shall be retained by the building owner.
Neither the accredited supervising air monitor nor accredited air monitor shall
be employed by the contractor hired to conduct the asbestos removal except
that:

(1) this restriction in no way applies to
personal samples taken to evaluate worker exposure as required by Occupational
Safety and Health Act; and

(2) this restriction shall not apply when the
contractor and air monitor have disclosed their association to the building
owner and the building owner approves this association in writing.

(h) For air sampling and visual inspections conducted under
Paragraphs (b), (c), and (f) of this Rule, the supervising air monitor shall:

(1) Prepare, prior to the removal start date,
an abatement project monitoring plan which takes into consideration at least
the abatement project scope of work, building use, occupant locations and their
potential for exposure to airborne asbestos fibers, type of asbestos containing
material, and the asbestos abatement design, including work practices and
engineering controls. The plan shall include air sampling procedures, air
sample locations and air sampling frequency. This sampling plan may be amended
by the supervising air monitor as needed. This requirement shall apply to each
individually permitted removal of more than 3000 square feet (281 square
meters), 1500 linear feet (462 meters), or 656 cubic feet (18 cubic meters) of
regulated asbestos containing materials;

(2) Ensure that ambient air sampling results
shall be available on‑site:

(A) within 24 hours of sample collection and analysis by
phase contrast microscopy;

(B) within 48 hours of sample collection and analysis by
transmission electron microscopy;

(A) that exceeds 10 working days in length, but does not
exceed 30 working days, at least once; or

(B) that exceeds 30 working days in length, at least
once in the first 30 working days and at least once every 30 working days
thereafter;

(4) Prepare a written, signed and dated report
documenting all site visits made to the removal, final visual inspection, and
all ambient and clearance air sampling conducted. This report shall be supplied
by the supervising air monitor to the building owner. The building owner shall
supply a copy of the report to the Program upon request.

History Note: Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Temporary Rule Eff. November 1, 1989 for a period of 180
days to expire on April 30, 1990;

(a) Any person seeking approval as an instructor for
courses covered under 40 CFR Part 763, Subpart E, Appendix C, Rule .0603(a)(3)
and .0611 of this Section shall meet the applicable requirements listed in this
Rule.

(b) All training course providers shall submit, or cause to
be submitted, to the Program the following:

(1) a completed application on a form provided
by the Program with the following information:

(A) name, address, and telephone number of the
applicant;

(B) name, address and telephone number of the training
provider that is employing the applicant;

(2) when training course completion is a
requirement, confirmation of completion of an approved training course; the
confirmation shall be in the form of an original certificate of completion of
the approved training course or the following information: the course title,
dates of instruction, names of instructors, name, address and telephone number
of the training provider;

(3) when education is a requirement, a copy of
the diploma or other written documentation;

(4) when work experience is a requirement,
documentation of relevant work history, including employer name, address and
telephone number, positions held, dates when positions were held, and copies of
any licenses, registrations, certifications or accreditations that are relevant
to the subject matter to be taught; and

(5) when experience as an instructor is a
requirement, documentation of relevant instructional experience including name
of training courses taught, topics taught for each course, inclusive dates of
each training course, and name, address and telephone number of each training
organization for which experience is claimed.

(c) Work practice topics for each shall include:

(1) for the worker and roofing worker courses:
state‑of‑the‑art work practices;

(2) for the supervisor and roofing supervisor
courses: state‑of‑the‑art work practices, and techniques for
asbestos abatement activities;

(4) for the management planner course:
evaluation/interpretation of survey results, hazard assessment, developing an
operations and maintenance plan, recordkeeping for the management planner, and
assembling and submitting the management plan;

(d) Instructors for work practice topics, hands‑on
exercises, workshops, or field trips where required for courses covered under
40 CFR Part 763, Subpart E, Appendix C shall meet the following requirements as
applicable:

(1) For the worker initial and refresher and
the supervisor initial and refresher courses:

(A) the applicant shall have successfully completed the
initial and subsequent refresher training course requirements for supervisor;
and

(B) the applicant shall meet at least one of the
following education and asbestos work experience combinations:

(i) If the applicant does not possess either a high
school diploma or equivalent, the applicant shall:

(I) have at least 1440 hours experience in a
worker or supervisory capacity in a contained work area; and

(II) have at least 360 hours as an instructor in
an Environmental Protection Agency‑approved or Environmental Protection
Agency state approved worker course.

(ii) If the applicant possesses either a high school
diploma or equivalent, the applicant shall:

(I) have at least 960 hours experience in a
worker, supervisory, or consulting capacity in a contained work area; or

(II) have at least 240 hours as an instructor in
an Environmental Protection Agency‑approved or Environmental Protection
Agency state approved asbestos worker or supervisor course or other
occupational safety and health or environmental courses required to meet
federal and state regulations.

(iii) If the applicant possesses at least an
associate degree from a regionally accredited college or university, the
applicant shall:

(I) have at least 480 hours experience in a
worker, supervisory, or consulting capacity in a contained area; or

(II) have at least 120 hours as an instructor in
an Environmental Protection Agency‑approved or Environmental Protection
Agency state approved asbestos worker or supervisor course or other
occupational safety and health or environmental courses required to meet
federal and state regulations.

(2) For the inspector initial and refresher
courses:

(A) the applicant shall have successfully completed the
initial and subsequent refresher training course requirements for inspector;
and

(B) the applicant shall meet at least one of the
following education and asbestos work experience combinations:

(i) If the applicant possesses either a high school
diploma or equivalent, the applicant shall:

(I) have documented experience, including
asbestos inspections in at least 1,000,000 square feet of building space in the
past three years; or

(II) have at least 60 hours as an instructor in an
Environmental Protection Agency‑approved or Environmental Protection
Agency state approved inspector course or other occupational safety and health
or environmental courses required to meet federal and state regulations.

(ii) If the applicant possesses at least an
associate degree from a regionally accredited college or university, the
applicant shall:

(I) have documented experience, including
asbestos inspections in at least 500,000 square feet of building space in the
past three years; or

(II) have at least 40 hours as an instructor in an
Environmental Protection Agency‑approved or Environmental Protection
Agency state approved inspector course or other occupational safety and health
and environmental courses required to meet federal and state regulations.

(3) For the management planner initial and
refresher courses:

(A) the applicant shall have successfully completed the
initial and subsequent refresher training course requirements for management
planner; and

(B) the applicant shall meet at least one of the
following education and asbestos work experience combinations:

(i) If the applicant possesses either a high school
diploma or equivalent, the applicant shall:

(I) have documented management planning
experience showing at least 25 management plans or reinspection reports written
in the past three years, or documented experience as the management consultant
for at least 25 asbestos projects in the past three years, or a combination of
management plans and projects managed; or

(II) have at least 48 hours as an instructor in an
Environmental Protection Agency‑approved or Environmental Protection
Agency state approved management planner course or other occupational safety
and health or environmental courses required to meet federal and state
regulations.

(ii) If the applicant possesses at least an
associate degree from a regionally accredited college or university, the
applicant shall:

(I) have documented management planning
experience showing at least 12 management plans or reinspection reports written
in the past three years, or documented experience as the management consultant
for at least 12 asbestos projects in the past three years, or a combination of
management plans and projects managed; or

(II) have at least 32 hours as an instructor in an
Environmental Protection Agency‑approved or Environmental Protection
Agency state approved management planner course or other occupational safety
and health or environmental courses required to meet federal and state
regulations.

(4) For the project designer initial and
refresher courses:

(A) the applicant shall have successfully completed the
initial and subsequent refresher training course requirements for abatement
project designer; and

(B) the applicant shall meet at least one of the
following education and asbestos work experience combinations:

(i) If the applicant possesses either a high school
diploma or equivalent, the applicant shall:

(I) have documented asbestos abatement project
design experience including the design of at least 12 asbestos projects in the
past three years; or

(II) have at least 30 hours as an instructor in an
Environmental Protection Agency‑approved or Environmental Protection
Agency state approved abatement project designer course or other occupational
safety and health and environmental courses required to meet federal and state
regulations.

(ii) If the applicant possesses at least an
associate degree from a regionally accredited college or university, the
applicant shall:

(I) have documented asbestos abatement project
design experience, including the design of at least six asbestos projects in
the past three years; or

(II) have at least 20 hours as an instructor in an
Environmental Protection Agency‑approved or Environmental Protection
Agency state approved abatement project designer course or other occupational
safety and health and environmental courses required to meet federal and state
regulations.

(5) For the project monitor initial and
refresher courses:

(A) the applicant shall meet the qualifications for
project designer instructor under Subparagraph (d)(4) of this Rule or the
qualifications for supervisor instructor under Subparagraph (d)(1) of this Rule
to teach the work practice topics of asbestos abatement contracts,
specifications and drawings or response action and abatement practices;

(B) the applicant for work practice topics of air
monitoring strategies, conducting visual inspections, and recordkeeping and
report writing shall:

(i) possess either a high school diploma or
equivalent;

(ii) successfully complete a NIOSH 582 course or
Program approved equivalent, or a Program approved project monitor course; and

(iii) have documented asbestos air monitoring
experience on at least six asbestos removals.

(6) All instructors approved under Paragraph
(d) of this Rule shall take a refresher training in at least one discipline
from a training provider other than their employer every other year.

(e) Instructors who teach one or more segments of a
training course covered under 40 CFR Part 763, Subpart E, Appendix C, Rule
.0603(a) or Rule .0611 of this Section (other than work practice topics,
hands-on exercises, workshops, or field trips) shall meet the following
requirements:

(1) be actively working in the field of
expertise in which training is conducted; and

(2) have a minimum of a high school diploma or
equivalent.

(f) Instructors for a Program approved NIOSH 582 or Program
approved equivalent shall meet the following requirements:

(1) have a high school diploma or equivalent;

(2) attend the National Institute for
Occupational Safety and Health's NIOSH 582 training course or a Program
approved equivalent course; and

(3) for teaching the NIOSH 7400 Method, have at
least three months work experience as a microscopist performing analysis using
the NIOSH 7400 Method.

(g) Instructors who teach work practice or hands-on topics
in Program approved roofing worker or roofing supervisor initial or refresher
courses shall meet the following requirements:

(4) have at least three months' experience as a
roofing supervisor or foreman or asbestos supervisor.

History Note: Authority G.S. 130A‑447; P.L. 99‑519;

Eff. October 1, 1994;

Amended Eff. July
1, 1996.

10A NCAC 41C .0609 ASBESTOS NESHAP FOR RENOVATIONS AND
DEMOLITIONS

(a) Each owner or operator of a renovation or demolition
activity, as defined in 40 CFR 61.141, shall comply with all applicable
requirements of the Asbestos National Emission Standards for Hazardous Air
Pollutants (NESHAP) for renovations and demolitions as found in 40 CFR Part 61,
Subparts A and M. 40 CFR Part 61, Subparts A and M are hereby incorporated by
reference, including any subsequent amendments and editions. This document is
available for inspection at the Division of Public Health, 1915 Mail
Service Center, Raleigh, North Carolina 27699-1915. Copies may be obtained
free of charge by writing the Division of Public Health, 1915 Mail Service
Center, Raleigh, North Carolina 27699-1915.

(b) All reports, applications, submittals, and other
communications required to be submitted under Paragraph (a) of this Rule shall
be submitted to the Director, Division of Epidemiology, rather than to the
Environmental Protection Agency, except that such asbestos NESHAP documents
pertaining to renovations and demolitions within local air pollution program
jurisdictions shall be submitted to the local program.

History Note: Temporary Adoption Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Authority G.S. 130A-451;

Eff. January 1, 1995;

Amended Eff. July
1, 1996.

10A NCAC 41C .0610 LOCAL AIR POLLUTION PROGRAMS

The Department shall authorize local air pollution programs
certified as of October 1, 1994, pursuant to G.S. 143-215.112 to enforce the
asbestos NESHAP for renovations and demolitions so long as the local program
maintains its certification pursuant to G.S. 143-215.112.

History Note: Temporary Adoption Eff. November 8, 1994
for a period of 180 days or until the permanent rule becomes effective,
whichever is sooner;

Authority G.S. 130A-452;

Eff. January 1, 1995.

10A NCAC 41C .0611 REQUIREMENTS FOR ASBESTOS ROOFING
TRAINING COURSES

(a) Pursuant to Rule .0602 of this Section, applicants for
accreditation and reaccreditation as a roofing worker or roofing supervisor are
required to successfully complete a training course approved by the Program
under this Rule. Initial and refresher training courses for roofing workers
and roofing supervisors shall meet requirements of this Rule and Rule .0603 of
this Section.

(b) Initial training courses for roofing workers shall be
at least one day in length and cover the following topics:

(1) Physical characteristics of asbestos,
including the identification of asbestos, the aerodynamic characteristics, and
the typical uses of asbestos in roofing materials;

(2) Health effects related to asbestos
exposure, including the nature of asbestos related diseases, the routes of
exposures, the dose-response relationship, the lack of a safe exposure level,
the latency period, cigarette smoking and asbestos exposure, medical surveillance
programs, and information on smoking cessation programs;

(7) Review of state, federal, and local rules
and regulations, including, an overview of the asbestos regulations under the
National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61,
Subpart M), Occupational Safety and Health Act (29 CFR 1926.1101), these Rules,
and other pertinent rules and regulations.

(c) Initial training courses for roofing supervisors shall
be at least two days in length and cover the topics under Paragraph (b) of this
Rule. The following additional topics shall be covered in roofing supervisor
courses:

(1) Discussion of the competent person duties
required by the Occupational Safety and Health Act, Asbestos Construction
Standard, 29 CFR 1926.1101(o), as adopted by 13 NCAC 7F .0201 and amendment or
recodification as adopted by the North Carolina Department of Labor;

(d) The state-of-the-art work practice topics shall include
a segment of hands-on activities, which allows the students an opportunity to
use and handle equipment found on asbestos roofing projects. The hands-on
activities shall be a minimum of two hours for the roofing worker course and
four hours for roofing supervisor course.

(e) The refresher training course for roofing workers shall
be at least one-half day and for the roofing supervisor course shall be at
least one day in length. These courses shall review and discuss changes in the
Federal and State regulations, developments in the state-of-the-art work
procedures, and key aspects of the initial courses as provided in Paragraphs
(b) and (c) this Rule.

(f) At the completion of the initial roofing worker and
roofing supervisor course the training provider shall administer a written
closed book examination, approved by the Program. The examination shall be in
multiple choice format, with a minimum of 50 questions for the roofing
supervisor course and 25 questions for the roofing worker course. For
successful completion of the course, the student shall pass the examination
with a minimum score of 70 percent. The refresher training course examination
for these disciplines shall meet the requirements of Rule .0603(c) of this
Section.

History Note: Authority G.S. 130A-447;

Eff. July 1, 1996.

SECTION .0700 ‑ OCCUPATIONAL HEALTH SURVEILLANCE

10A NCAC 41C .0701 DEFINITION

"Elevated blood lead level" means a blood lead of
40 ug/dL or greater.

History Note: Authority G.S. 130A‑455;

Eff. January 4, 1994.

10A NCAC 41C .0702 REPORTABLE DISEASES, ILLNESSES, AND
INJURIES

(a) The following named diseases, illnesses, and injuries
are declared to be dangerous to the public health and shall be reported by a
physician within the time period specified after the disease, illness, and
injury is diagnosed:

(1) asbestosis ‑ 15 working days;

(2) silicosis ‑ 15 working days;

(3) elevated blood lead levels for adults aged
18 years of age and above ‑ 15 working days;

(4) injuries caused by tractors, farm
equipment, or farm machinery that occur while working on a farm and require
medical care ‑ 15 working days;

(5) carbon monoxide poisoning - 15 working
days.

(b) All laboratories providing diagnostic service in North
Carolina shall report to the Occupational and Environmental Epidemiology Branch
within the Division of Public Health elevated blood lead levels for adults aged
18 years of age and above.

(c) Physicians shall not be required to report elevated
blood lead levels for adults aged 18 years of age and above when a laboratory
providing diagnostic service in North Carolina reports elevated blood lead
levels.

History Note: Authority G.S. 130A‑455; 130A‑456;
130A‑457; 130A‑458;

Eff. January 4, 1994;

Amended Eff. December 1, 2016.

10A NCAC 41C .0703 METHOD OF REPORTING

(a) When a physician makes a report of a disease, illness,
injury, or elevated blood lead level for adults aged 18 years of age and above
pursuant to G.S. 130A‑456 or a medical facility makes such a report
pursuant to G.S. 130A‑457, the report shall be made to the Occupational
Health Section as follows:

(1) The report shall be made on the
surveillance forms provided by or approved by the Occupational Health Section
and shall include the following information:

(A) The name, address, telephone number, date of birth,
social security number, race, gender, and job title of the person;

(B) The name, address, telephone number, and type of
business of the person's employer;

(C) The name of the disease, illness, or injury being
reported; and

(D) The name, address, and telephone number of the
physician, laboratory, or medical facility.

(2) Surveillance forms are available from the SENSOR
Program, Division of Public Health, 1915 Mail Service Center, Raleigh, North
Carolina 27699-1915.

(b) When a laboratory providing diagnostic service in North
Carolina reports laboratory findings related to occupational disease or illness
pursuant to G.S. 130A‑458, the report shall include:

(1) the specimen collection date;

(2) the person's name, age, gender, race, and
social security number;

(3) the submitting physician/employer name,
address, and telephone number; and

(4) the name, address, and telephone number of
the laboratory.

History Note: Authority G.S. 130A‑455; 130A‑458;

Eff. January 4, 1994.

SECTION .0800 - LEAD-BASED
PAINT HAZARD MANAGEMENT PROGRAM

10a ncac 41c .0801 GENERAL

(a) In addition to the definitions found in 40 CFR Part 745
Subpart D and Subpart L, the following definitions shall apply throughout this
Section:

(1) "Accredited training course"
means a lead training course accredited by the Program.

(2) "Accredited training provider"
means a training provider who is accredited by the Program, and who provides
accredited training courses.

(3) "Design" means a written or
graphic plan prepared by a certified project designer specifying how an
abatement project will be performed, and includes, but is not limited to, scope
of work and technical specifications. The certified project designer's
signature and certification number shall be on all such abatement designs.

(4) "Emergency Lead-Based Paint
Abatement" means abatement conducted to remediate a lead-based paint
hazard which has been determined by a certified risk assessor and the Program
to be an imminent lead-based paint hazard to building occupants in a child
occupied facility.

(6) "Occupant Protection Plan" means
a written plan which describes the measures and management procedures that will
be taken during abatement to protect building occupants from exposure to
lead-based paint hazards. The plan shall be unique to each residential
dwelling or child-occupied facility. For projects less than five units, the
plan shall be prepared by a certified supervisor or project designer. For
projects with five or more units, the plan shall be prepared by a certified
project designer. The plan shall include the preparer's signature and
certification number.

(7) "Program" means the Lead-Based
Paint Hazard Management Program within the Division of Public Health.

(8) "Start date" means the date on
which activities begin on a permitted lead abatement project requiring the use
of certified individuals, including the abatement area isolation and
preparation or any other activity which may disturb lead-based paint.

(9) "Working day" means Monday
through Friday. Holidays falling on any of these days are working days.

(10) "Certified Industrial Hygienist” means
a person who has met the education, experience, and examination requirements
established by the American Board of Industrial Hygiene for certified industrial
hygienists and whose certification has not been revoked by that organization.

(b) Lead-Based
Paint Activities, 40 CFR Part 745 SubpartDand Subpart L, is
hereby incorporated by reference, including any subsequent amendments and
editions. This document is available for inspection at the Division of Public
Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.
A copy of this document may be obtained in writing from the US Government
Bookstore, 999 Peachtree Street, Suite 120, Atlanta, GA, at a cost of fifty
five dollars ($55.00).

(a) No person shall perform lead-based paint activities
until that person has been certified by the Program in the appropriate
certification category, except as provided for in G.S. 130A-453.03(b).

(b) An applicant for certification shall successfully
complete applicable training courses accredited by the Program or accredited by
a state, tribe, or territory that has a written reciprocating agreement with
the Program, and shall successfully complete the examination specified in Rule
.0804 of this Section. Successful completion includes attendance of at least
95 percent of the course, passing the course exam with a minimum score of 70%
and passing the hands-on skills assessment. An applicant for initial
certification shall have successfully completed an accredited initial training
course for a specific discipline within the 12 months immediately preceding
application. If initial training was completed more than 12 months prior to
application, the applicant shall have successfully completed an accredited
refresher course for the specific discipline at least every 24 months from the
date of completion of initial training and within 12 months prior to applying
for certification. However, an applicant who completed training prior to the
effective date of this Rule and applies for certification prior to December 31, 1998, shall meet the following requirements:

(1) Training taken prior to July 1, 1995, shall
be recognized for certification if the applicant has completed a refresher
course at least every 24 months from the date of initial training; if the
applicant has not attended a refresher course at least every 24 months from the
date of initial training, the applicant shall complete an accredited initial
training course; or

(2) Applicants for certification who have
successfully completed an initial training course for a specific discipline
between July 1, 1995, and July 1, 1998, shall successfully complete an
accredited refresher course for the specific discipline by December 31, 1998,
or by date of application whichever is first and within 12 months prior to
applying for certification.

(c) In addition to the requirements in Paragraph (b) of
this Rule, an applicant, other than those for the worker category, shall meet
the following:

(1) a risk assessor shall meet the training
requirements for inspector and the examination requirements pursuant to Rule
.0804 of this Section for inspector and risk assessor, and shall have:

(A) a Bachelor's degree and one year experience in a related
field that demonstrates skills directly transferable to the job activities for
risk assessor; or

(B) an Associate's degree and two years experience in a
related field that demonstrates skills directly transferable to the job
activities for risk assessor; or

(C) certification as an industrial hygienist,
professional engineer, registered architect; or

(D) a high school diploma or equivalent and at least
three years of experience in a related field that demonstrates skills directly
transferable to the job activities for risk assessor.

(2) a supervisor shall meet the examination
requirements pursuant to Rule .0804 of this Section for supervisor and shall
have:

(A) one year experience as a certified lead abatement
worker; or

(B) at least two years experience in a related field
that demonstrates skills directly transferable to the job activities for
supervisor.

(3) a project designer shall meet the training
requirements for supervisor and project designer and the examination
requirements pursuant to Rule .0804 of this Section for supervisor and shall
have:

(A) a Bachelor's degree in engineering, architecture, or
related profession, and one year of experience in building construction and
design; or

(B) an Associate's degree and two years experience in a
related field that demonstrates skills directly transferable to the job
activities for designer; or

(C) certification as an industrial hygienist,
professional engineer, or registered architect; or

(D) a high school diploma or equivalent, and four years
experience in building construction and design or a related field that
demonstrates skills directly transferable to the job activities for designer.

(4) an inspector shall meet the examination
requirements pursuant to Rule .0804 of this Section for inspector.

(d) To obtain certification, the applicant shall submit to
the Program:

(3) confirmation of completion of accredited
initial and refresher training courses, as applicable, from the training
agency; the confirmation shall be in the form of an original certificate of
completion of the accredited training course bearing the training agency's
official seal, or an original letter from the training agency, on training
agency letterhead, confirming completion of the course; however, if an
applicant is certified in a state, tribe, or territory that has a reciprocating
agreement with the Program, the applicant shall submit a copy of the state
issued certification and meet the requirements of Paragraphs (b), (d)(1) and
(2) of this Rule;

(4) when education is a requirement, a copy of
the diploma or other written documentation; and

(5) when work experience is a requirement, work
history documenting lead or other related experience including employer name,
address, and telephone number; positions held and a description of work duties
performed; and dates when the positions were held.

(e) All certifications shall expire at the end of the
twelfth month after the certification is issued.

(f) An applicant for renewal of certification shall
successfully complete the required accredited refresher training course within
12 months prior to applying for certification renewal, and shall meet the
requirements of Paragraphs (d)(1), (2), and (3) of this Rule. If a person
fails to obtain the required refresher training within 24 calendar months of the
date of last training, that person may be re-certified only by meeting the
requirements of Subparagraphs (b), (c), and (d) of the Rule.

(g) All certified persons shall be assigned a unique
certification number by the Program.

(h) In accordance with G.S. 130A-23, the Program may
suspend or revoke certification for any violation of G.S. 130A, Article 19A or
these Rules, or upon finding that its issuance was based upon incorrect
information or misrepresentations that materially affected the decision to issue
certification. The Program may also suspend or revoke certification upon
finding that the certified person has violated any requirement referenced in
Rule .0808(h) of this Section. A person whose certification is revoked shall
repeat the initial training course and meet the requirements set out in
Paragraphs (b), (c), and (d) of this Rule. A person whose certification is
revoked because of fraudulent misrepresentations or because of violations that
create a significant public health hazard shall not reapply for certification
before 12 months after the revocation, and shall repeat the initial training
course and meet the requirements set out in Paragraphs (b), (c), and (d) of
this Rule.

(i) Certification for persons who were certified under the
Interim Lead Abatement Certification Program and who were conducting specified
lead-based paint activities, as defined in the Interim Lead Abatement
Certification Program, prior to the effective date of these Rules, shall remain
valid until the completion of the project begun prior to the effective date of
these Rules.

(a) All firms who conduct lead-based paint activities shall
become certified by the Program. The Program shall issue a certificate of
approval to firms meeting the requirements in Paragraphs (b) and (c) of this
Rule.

(b) To become certified the firm shall submit a completed application
to the Program. The form shall include:

(1) the name, address and telephone number of
the firm;

(2) a statement that attests that all
individuals to be used by the firm to perform lead-based paint activities are
certified by the Program;

(3) a statement that attests that the firm will
perform lead-based paint activities in accordance with these Rules and all
applicable local, State, and Federal requirements, including all applicable
record keeping requirements;

(4) a disclosure of any action by EPA or an EPA
authorized program involving violations, suspensions, revocations, or
modifications of a firm's activities; and

(5) the original signature, title, and printed
name of an official of the firm.

(c) All certifications shall expire at the end of the
twelfth month after the certification is issued and can be renewed by
submitting a completed application provided by the Program.

(d) In accordance with G.S. 130A-23, the Program may
suspend or revoke certification for any violation of G.S. 130A, Article 19A or
the rules of this Section, or upon finding that its issuance was based upon
incorrect information or misrepresentations that materially affected the
decision to issue certification or recertification. The Program may revoke
certification upon a finding that a certified firm has violated any requirement
referenced in Rule .0808(h) of this Section. Certification may be revoked
upon revocation of certification by EPA or an EPA authorized program. A firm
whose certification has been revoked because of fraudulent misrepresentations
or because of violations that create a significant public health hazard shall
not be eligible for certification for a period of 12 months from the date of
revocation.

(a) The Program shall offer examinations for each
individual certification category except worker. Individuals pass the exam by
achieving a score of at least 70 percent. Individuals seeking certification
shall pass the appropriate exam. The examination shall be administered by the
Program or by a state, tribe, or territory that has a written reciprocating
agreement with the Program. If an individual does not successfully complete
the examination after three attempts, the individual shall retake the initial
course from an accredited training program before reapplying for
certification.

(b) Applicants seeking North Carolina certification who
wish to take the Program administered examination shall first complete all
other requirements for certification; the applicant will be notified of the
exact time and location of the examination. The applicant shall present photo
identification for verification of identity at the time of the examination.

(c) Applicants seeking North Carolina certification who
have been certified by a state, tribe, or territory that has a written
reciprocating agreement with the Program shall meet the requirements of Rule
.0802 Paragraphs (b), (d)(1) and (2) of this Section. A copy of that state's,
tribe's, or territories= issued certification shall be verification that the
applicant has met all other requirements for certification.

(a) Training courses taught in North Carolina for lead
certification shall be accredited by the Program, and shall be offered by an accredited
training provider, pursuant to Rule .0806 of this Section. If the course is
accredited by a state, tribe, or territory that has a written reciprocating
agreement with the Program, the course shall meet the requirements of
Paragraphs (b), (c), (e), (h), and (i) of this Rule and Rule .0806 of this
Section to become accredited by the Program.

(b) A training provider may apply for initial and refresher
training course accreditation for any of the following disciplines: inspector,
risk assessor, supervisor, project designer, and worker. Training provider
applying for accreditation shall submit a completed training course application
to the Program for review and approval, pursuant to Paragraph (e) of this
Rule. Once a training course is accredited, any changes in curriculum,
hands-on exercises, principal instructor, or quality control plan from the
original course accreditation application shall be approved by the Program
prior to implementation.

(c) For all courses, the training provider shall administer
a closed book examination. Initial courses, except the Project Designer Course
shall also include a hands-on skills assessment. The initial course
examination shall consist of a minimum of 50 multiple choice questions, and the
refresher course examinations shall consist of a minimum of 25 multiple choice
questions.

(e) Training course providers shall submit the following
for evaluation and accreditation by the Program:

(1) a completed application on a form provided
by the Program, along with supporting documentation. The form and supporting
documentation shall include the following:

(A) name, address, and telephone number of the training
provider, and name and signature of the contact person, training manager, and
principal instructor;

(B) course title, location and the language in which the
course is to be taught;

(C) course agenda;

(D) a copy of all written instructional material used;

(E) learning or performance objectives for each topic
to be taught;

(F) a copy or description of all audio/visual materials
used;

(G) a description of each hands‑on training
activity and skills assessment, including criteria for student proficiency;

(H) a description of instructional facilities and
equipment;

(I) a copy of a sample exam with correct answers
marked;

(J) a sample certificate with the following
information:

(i) Name, address, and social security number of
student;

(ii) Training course title specifying initial or
refresher;

(iii) Inclusive dates of course and applicable
examination;

(iv) Statement that the student successfully
completed the course and passed the required examination and hands-on skills
assessment;

(v) Unique certificate number;

(vi) Printed name and signature of the training
course manager and printed name of the principal instructor;

(vii) Name, address, and telephone number of the
training provider;

(viii) Training course location;

(ix) For worker training courses taught in languages
other than English, the certificate shall indicate the language of the course;
and

(K) a list of accredited lead training courses currently
being provided for certification.

(2) A list of instructors who will teach in North
Carolina and their qualifications in accordance with Paragraph (f) of this
Rule.

(3) A copy of the course quality control plan
that meets the requirements of 40 CFR 745 Subpart L Subsection .225(c)(9).

(f) All instructors and training managers shall be approved
by the Program. Any person seeking approval as a training manager or
instructor for courses covered under these Rules and taught in North Carolina shall meet the following requirements:

(2) Principal instructors and guest instructors
who teach work practice topics or hands-on training shall meet the training
requirements for certification, pursuant to Rule .0802 of this Section, for
the discipline in which instructor approval is sought; and

(3) All training providers shall submit to the
Program a completed application with the following information:

(A) name, address, and telephone number of the
applicant;

(B) name, address, and telephone number of the training
provider that is employing the applicant;

(C) when training course completion is a requirement,
confirmation of completion of an accredited initial or refresher training course
from the training agency, the confirmation shall be in the form of an original
certificate of completion of the accredited training course or the following
information: the course title, dates of instruction, names of instructors,
name, address, and telephone number of the training provider;

(D) when education is a requirement, a copy of the
diploma or other written documentation; and

(E) when work experience is a requirement,
documentation of relevant work history, including employer name, address, and
telephone number, positions held, dates when positions were held, and legible
copies of any relevant licenses, registrations, or certifications.

(g) An application for course accreditation shall be
processed as follows:

(1) The Program shall review the application
and supporting documentation and advise the applicant of any deficiencies. If
the deficiencies are not corrected within one year from the date of
application, the application and any supporting documentation may be returned
to the applicant and the applicant shall be required to re-submit a completed
application. Approval of submitted documentation does not constitute course
accreditation;

(2) If the submitted documentation meets all
applicable requirements of this Rule, the Program shall notify the applicant of
this and also advise the applicant that it may contact the Program to schedule
an on-site audit. The on-site audit shall be of a class of at least two
student attendees and taught in North Carolina;

(3) If the Program determines, as a result of
the on-site audit, that the training course meets all applicable requirements
of this Rule, it shall issue course accreditation. If the course does not meet
these requirements, the Program shall notify the applicant of the deficiencies
and advise the applicant that it may request one additional on-site audit,
which shall be held no more than six months from the date of the first audit;

(4) If the Program determines, as the result of
the second audit, that the training course meets all applicable requirements of
this Rule, it shall issue course accreditation If the course does not meet all
these requirements, the Program shall notify the applicant of the deficiencies,
return all application materials, and advise the applicant that it may not reapply
for course accreditation for the audited course for a period of six months
from the date of the last audit.

(h) Training course providers shall perform the following
in order to maintain accreditation of all initial and refresher courses:

(1) Issue a certificate of training meeting the
requirements of Part (e)(1)(J) of this Rule to any student who successfully
completes the required training, passes the hands on skills assessment, and
passes the applicable examination.

(2) Submit to the Program written notice of
intention to conduct a training course for North Carolina lead certification
purposes if the course is to be taught in North Carolina. Notices for training
courses, except lead worker, shall be postmarked or received 10 working days
before the training course begins. Notices for lead worker training courses
shall be postmarked or received five working days before the training course
begins. If the training course is canceled, the training course provider shall
notify the Program at least one working day prior to the scheduled start date.
Notification of intent to conduct a training course shall be made using a form
provided by the Program and shall include the following:

(4) Submit to the Program information and
documentation for any course approved under Paragraph (e) of this Rule if
requested by the Program.

(5) Ensure that all training managers and
instructors are approved by the Program.

(6) Ensure that all training courses covered
under this Rule meet the requirements of 40 CFR Part 745 Subpart L, Subsection
225(c), (d), and (e) and the following requirements:

(A) The instructor must follow the curriculum that was
approved by the Program or a state, tribe, or territory with whom the Program
has a reciprocity agreement. The schedule may be adjusted, but all curriculum
elements shall be covered.

(B) All initial and refresher training courses shall
have a maximum of 40 students;

(C) A day of training shall include at least six and one‑half
hours of direct instruction, including classroom, hands‑on training or
field trips;

(D) Work time and instruction time shall not exceed 12
hours in a 24 hour period;

(E) A training course shall be completed within a two‑week
period;

(F) A single instructor is allowed only for a worker
course. Other initial disciplines shall have a minimum of two instructors;

(G) Instructor ratio for hands‑on training shall
be no more than 10 students per instructor;

(H) All course materials shall be in the language in
which the course is being taught;

(I) Each training course shall be discipline specific;

(J) Students shall be allowed to take an examination
no more than twice for each course. After two failures, the student shall
retake the full course before being allowed to retest; and

(K) Training providers shall provide examination
security to prevent student access to the examination materials before and
after the exam. Training providers shall take measures to preclude cheating
during the exam, such as providing space between students, prohibiting talking,
and monitoring students throughout the exam.

(7) Verify, by photo identification, the
identity of any student requesting training.

(8) For each course accredited by the Program,
and taught in North Carolina, the training provider shall submit a completed
renewal application on a form provided by the Program. Effective July
1, 1999, a renewal application shall be submitted prior to the next course
offering and annually thereafter. If an annual training course renewal lapses,
the provider shall submit a renewal application prior to offering the course
again in North Carolina.

(9) Work practice and worker protection
demonstrations and hands-on exercises, including, but not limited to respirator
fit testing, presented in all training courses covered under this Rule shall be
conducted in accordance with Rule .0807 of this Section and 29 CFR 1926.62,
which is hereby incorporated by reference, including any subsequent amendments
and editions. Copies may be obtained by writing the NC Department of Labor,
Bureau of Education, Training and Technical Assistance, 319 Chapanoke Road, Suite
105, Raleigh, NC, 27603, at a cost of ten dollars and sixty cents ($10.60).

(i) Training course providers shall permit Program
representatives to attend, evaluate and monitor any training course, take the
course examination and have access to records of training courses without
charge or hindrance to the Program for the purpose of evaluating compliance
with these Rules. The Program shall perform periodic and unannounced on‑site
audits of training courses.

(j) In accordance with G.S. 130A‑23, the Program may
suspend or revoke accreditation for a training course for any violation of G.S.
130A, Article 19A or these Rules and may revoke accreditation upon revocation
of accreditation by the EPA or by an EPA authorized accreditation program.

(B) a statement that all courses taught in North Carolina for certification will comply at all times with all of the requirements of
these Rules;

(C) a statement that the training provider is
responsible for maintaining the validity and integrity of the hands-on skills
assessment to ensure that it accurately evaluates the trainees' performance of
the work practices and procedures associated with the course topics;

(D) a statement that the training provider is
responsible for maintaining the validity and integrity of the course
examination to ensure that it accurately evaluates the trainees' knowledge and
retention of the course topics;

(E) a completed application for training manager,
pursuant to Rule .0805(f) of this Section with documentation for meeting the
requirements of 40 CFR 745 Subpart L Subsection .225(c); and

(F) the original signature, title, and printed name of
an official of the training company.

(c) In accordance with G.S. 130A-23, the Program may
suspend or revoke accreditation of a training course provider for any violation
of G.S. 130A, Article 19A or these Rules, and may revoke accreditation upon
revocation of accreditation by EPA or by an EPA authorized state. The Program
shall revoke training provider accreditation upon finding that the training
provider has falsified training documents. When training provider
accreditation is revoked for falsification of training documents, the training
course provider shall not be eligible for reaccreditation for a period of three
years from the date of revocation.

(b) For each inspection, risk assessment, or lead hazard
screen conducted, the certified inspector or risk assessor shall submit to the
Program a legible copy of the summary of the activity on a form provided or
approved by the Program. The form shall be submitted within 45 days of the
activity.

(14) for ordered abatements, the name, title, and
authority of the State or local government representative who has ordered the
abatement, the date that the order was issued, and the date the abatement was
ordered to begin;

(15) for emergency abatements, a description of
the nature of the emergency and an explanation of how failure to correct the
situation would cause a lead-based paint hazard;

(16) contract price for the abatement; and

(17) the name of the representative of the
certified firm, address, original signature, and date.

(c) Applications for lead abatement permits shall be
postmarked or received by the Program at least 10 working days prior to the
scheduled abatement start date. For emergency lead abatement activities, the
Program will take action immediately. Applications for emergency lead-based
paint abatement activities shall be submitted along with a letter from the
owner or the certified risk assessor explaining the nature of the emergency.

(d) Application for revision to an issued lead abatement
permit shall be made by the applicant in writing on a form provided or approved
by the Program and shall be received by the Program in accordance with the
following:

(1) Revision to a start date for a project that
will begin after the start date stated in the approved permit shall be received
on or before the previously stated start date or previously revised start date;

(2) Revision to a start date for a project that
will begin before the start date stated in the approved permit or subsequent
revisions shall be received at least 10 working days before the new start date;

(3) Revision to a completion date that will be
extended beyond the completion date stated in the approved permit shall be
received by the original completion date or previously revised completion date;

(4) Revision to a completion date that will be
earlier than the completion date stated in the approved permit or subsequent
revision shall be received by the new completion date; and

(5) Revision to permits other than start or
completion dates shall be submitted to the Program prior to initiating the
activity which the revision addresses.

(e) The following shall be maintained on site during
abatement activities and be immediately available for review by the Program:

(1) a copy of the abatement permit issued by
the Program and all revisions with the Program's confirmation of receipt;

(2) photo identification cards issued by the
Program for all personnel performing lead abatement activities;

(f) All permitted abatement activities shall be conducted
in accordance with Rule .0807 of this Section.

(g) A certified supervisor shall be on-site at all times
when permitted abatement activities are being conducted.

(h) In accordance with G.S. 130A-23, the Program may
suspend or revoke the permit for any violation of G.S. 130A, Article 19A or
these Rules. The Program may also revoke the permit upon a finding that its
issuance was based upon incorrect information or misrepresentations that
materially affected the decision to issue the permit. Notwithstanding permit
revocation for violation of the rules of this Section, a lead-based paint
abatement permit shall also be subject to revocation if the abatement
activities are in violation of the following provisions with regard to
lead-based paint abatement, as determined by the agencies which administer these
Rules:

(1) Department of Labor Rules found at Chapter
7, Title 13 of the North Carolina Administrative Code;

(2) Department of Transportation Rules found at
Title 19A, of the North Carolina Administrative Code;

(3) Solid Waste Management Rules found at Chapter
13, Title 15A of the North Carolina Administrative Code; and

(4) NC Childhood Lead Poisoning Prevention
Program requirements found at G.S. 130A, Article 5, Part 4.

(a) The fees required by G.S. 130A-453.08 for individual
and firm certification shall be submitted with a completed application for
certification. The amount of the fee shall be one hundred fifty dollars
($150.00) for each category of individual certification except that the fee for
worker shall be fifty dollars ($50.00). The fee for firm certification shall
be fifty dollars ($50.00).

(b) The fee required by G.S. 130A-453.08 for examination
shall be submitted with a completed application for certification. The amount
of the fee shall be seventy-five dollars ($75.00).

(c) The fees required by G.S. 130A-453.08 for initial
course accreditation and renewal course accreditation shall be submitted with a
training course application. The amount of the fee shall be fifteen hundred
dollars ($1500.00) for each initial course accreditation if the course does
not have prior approval by a state, tribe, or territory that has a
reciprocating agreement with the Program; one thousand dollars ($1000.00) for
each course accreditation if the course is accredited by a state, territory, or
tribe that has a reciprocating agreement with the Program; and five hundred
dollars ($500.00) for each renewal course accreditation.

(d) The fees required by G.S. 130A-453.08 for course
provider accreditation shall be submitted with a completed application. The
amount of the fee shall be one hundred fifty dollars ($150.00).

(e) The fee required by G.S. 130A-453.09 for abatement
permits shall be submitted with a completed permit application. The amount of
the fee shall be two percent of the contract price, not to exceed five hundred
dollars ($500.00).

(a) In addition to the definitions found in 40 CFR Part 745
Subpart E and Subpart L and G.S. 130A-453.22 the following definitions apply
throughout this Section:

(1) "Accredited training course"
means a lead training course accredited by the Program.

(2) "Accredited training provider"
means a training provider who is accredited by the Program, and who provides
accredited training courses.

(3) "Program" means the Lead-Based
Paint Hazard Management Program for Renovation, Repair and Painting within the
Division of Public Health.

(4) "Training hour" means at least 50
minutes of actual learning, including time devoted to lecture, learning
activities, small group activities, demonstrations, evaluations, and hands-on
experience.

(5) "Working day" means Monday
through Friday. Holidays falling on any of these days are included in the
definition.

(b) Residential Property Renovation and Lead-Based Paint
Activities, 40 CFR Part 745 Subpart E and Subpart L, is hereby incorporated by
reference, including any subsequent amendments and editions. This document is
available for inspection at the Division of Public Health, 1915 Mail
Service Center, Raleigh, North Carolina 27499-1915. A copy of this document
may be obtained in writing from the US Government Printing Office, P.O.
Box 979050, St Louis, MO 63197-9000, at a cost of sixty-one dollars ($61.00).

History Note: Authority G.S. 130A-22; 130A-453-31;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.

10A NCAC 41C .0902 CERTIFICATION OF INDIVIDUALS

(a) No person shall perform lead-based paint renovation
activities for compensation in target housing and child-occupied facilities
until that person has been certified by the Program in the applicable certification
category. Certification is not required for a trained renovation worker as
defined by G.S. 130A-453.22(b)(7).

(b) An applicant for certification shall successfully
complete applicable, discipline specific training courses accredited by the
Program pursuant to Rule .0904 of this Section. Successful completion includes
attendance of at least 95 percent of the course, passing the course exam with a
minimum score of 70 percent, and successful completion of the hands-on skills
assessment pursuant to 40 CFR 745, Subpart L. An applicant for initial
certification shall also meet the applicable, discipline-specific,
certification requirements in Paragraphs (c) and (d) of this Rule:

(1) An applicant for initial certification
shall have successfully completed an accredited initial dust sampling
technician training course within the 12 months immediately preceding
application. If initial training was completed more than 12 months prior to
application, the applicant shall have successfully completed an accredited dust
sampling technician training course at least every 60 months from the date of
the last training, and within 12 months immediately preceding the application.

(2) An applicant shall submit a completed dust
sampling technician certification application with the following information to
the Program:

(I) confirmation of completion of accredited initial
and refresher training courses, as applicable, from the training provider. The
confirmation shall be in the form of an original certificate of completion of
the accredited training course, or an original letter from the training provider,
on training provider letterhead, including the information in Parts (A) through
(G) of this Subparagraph, confirming completion of the course.

(3) Initial dust sampling technician
certification expires on the last day of the 12 month after training was taken.

(4) An applicant for renewal of dust sampling
technician certification shall have successfully completed an accredited initial
or refresher training course within 48 months prior to applying for
certification renewal, and shall meet the requirements of Paragraphs (b) and
(c) of this Rule. All renewal certifications expire on the last day of the 12th
month from the date of certification. If a person fails to obtain the required
training within 48 calendar months of the date of last training, that person
may renew certification only by successful completion of an accredited dust
sampling technician course and by meeting the requirements of Paragraphs (b)
and (c) of the Rule. If a person fails to obtain the required training within
60 calendar months of the date of last training, that person may renew
certification only by successful completion of an accredited initial dust
sampling technician course and by meeting the requirements of Paragraphs (b)
and (c) of this Rule.

(d) To obtain certification as a certified renovator or to
renew certification, the applicant shall meet the following:

(1) An applicant for renovator certification
shall have successfully completed an accredited initial renovator training
course prior to application. If initial training was completed more than 60
months prior to application, the applicant shall have successfully completed an
accredited refresher course for the specific discipline at least every 60
months from the date of completion of initial training.

(2) An applicant shall submit a completed
renovator certification application with the following information to the
Program:

(E) name, address, including city, state, zip code, and
telephone number of training provider that provided the training;

(F) name of training course completed and language in
which it was taught;

(G) date(s) of course completion and exam;

(H) confirmation of completion of accredited initial and
refresher training courses, as applicable from the training provider. The
confirmation shall be in the form of a copy of an original certificate of
completion of the accredited training course, or an original letter from the
training provider, on training provider letterhead, including the information
in Parts (A) through (G) of this Subparagraph, and confirming completion of the
course; and

(I) one color photograph of the applicant.

(3) An applicant for renewal of renovator
certification shall have successfully completed the required accredited
refresher training course no more than 60 months prior to applying for
certification renewal, and shall meet the requirements of Paragraphs (b) and
(d) of this Rule. If a person fails to obtain the required training within 60
calendar months of the date of last training, that person may renew
certification only by successful completion of an accredited initial renovator
course and by meeting the requirements of Paragraphs (b) and (d) of this Rule.

(e) All certified persons shall be assigned a unique
certification number by the Program.

(f) A person whose certification or certification renewal is
revoked, suspended or denied because of misrepresentations or because of
violations that create a public health threat as defined in G.S. 130A-475(d),
shall not reapply for certification or certification renewal before 12 months
after the effective date of the revocation, suspension, or denial and shall
repeat the initial training course and other requirements as set out in Paragraphs
(b), (c), and (d) of this Rule.

(g) The Program may revoke, suspend or deny certification
or certification renewal upon a finding that the certified person has violated
any requirement referenced in the following provisions with regard to renovation
activities, as determined by the agencies which administer these Rules:

(1) Department of Labor Rules found at Chapter
7, Title 13 of the North Carolina Administrative Code;

(2) Department of Transportation Rules found at
Title 19A of the North Carolina Administrative Code;

(3) Solid Waste Management Rules found at
Chapter 13, Title 15A of the North Carolina Administrative Code; and

(4) NC Childhood Lead Poisoning Prevention
Program requirements found at G.S. 130A, Article 5, Part 4.

(a) The Program shall issue a certificate of approval to
firms meeting the requirements in Paragraphs (b) and (c) of this Rule.

(b) A firm applying for certification shall submit a
completed firm certification application provided by the Program for evaluation.
The application shall include:

(1) The name, address, including city, state,
and zip code, and telephone number of the firm;

(2) A statement that attests that all
individuals to be used by the firm as renovators and dust sampling technicians
are certified by the Program;

(3) A statement that attests that the firm will
perform lead-based paint renovation activities in accordance with the rules of
this Section and all applicable local, State, and Federal requirements,
including all applicable record keeping, record retention, information
distribution, and reporting requirements;

(4) A disclosure of any action by US EPA or a
US EPA authorized program involving violations, suspension, revocations, or
modifications of a firm's activities or the activities of employees performing
a renovation on behalf of a firm;

(5) A list of renovators and dust sampling
technicians employed by the firm to perform lead-based paint renovation
activities, and their Program certification numbers; and

(6) The original signature, title, and printed
name of an official of the firm.

(c) All certifications may be renewed annually by
submitting a completed application provided by the Program for evaluation.

(d) A firm whose certification is revoked, suspended or
denied because of misrepresentations or because of violations that create a
public health threat as defined in G.S. 130A-475(d) shall not reapply for
certification or renewal of certification before 12 months after the effective
date of the revocation, suspension, or denial and shall comply with the
requirements for firm certification as set out in Paragraphs (a), (b), and (c)
of this Rule. The Program may revoke, suspend or deny certification or certification
renewal upon a finding that a certified firm, or an individual performing a
renovation on behalf of the firm, has violated any requirement referenced in
Rule .0902(g) of this Section. Firm certification may be revoked, suspended or
denied upon revocation of certification by US EPA or a US EPA authorized
program.

(a) Pursuant to Rule .0902 of this Section, applicants for
certification and certification renewal are required to successfully complete training
courses accredited by the Program. Training courses:

(1) Taught in locations other than North Carolina and accredited by US EPA or by a state with a US EPA authorized program
shall be deemed accredited for certification purposes of the Program;

(2) Taught in North Carolina and accredited by
a state, tribe, or territory that has a written reciprocating agreement with
the Program shall meet the requirements of Paragraphs (b), (c), (e), (g), and
(h) of this Rule to be accredited by the Program;

(3) Taught in North Carolina, other than those
covered in Subparagraphs (2) and (4) of this Paragraph, shall meet the
requirements of this Rule;

(4) Taught in North Carolina prior to August 1,
2010, and accredited by US EPA or by a state with a US EPA authorized program
shall be deemed accredited for certification purposes of the Program.

(b) A training provider may apply for initial and refresher
training course accreditation for the following disciplines: renovator and dust
sampling technician. Training providers applying for course accreditation
shall submit a completed training course application to the Program for review
and evaluation, pursuant to Paragraph (e) of this Rule. Once a training course
is accredited, any changes in curriculum, hands-on exercises, examination,
training manual or materials, or quality control plan from the original course
accreditation application shall be submitted and approved by the Program prior
to implementation.

(c) For all courses, the training provider shall administer
a closed book examination. Initial courses shall include a hands-on skills
assessment. Initial and refresher course examinations shall consist of a
minimum of 25 multiple choice questions.

(d) Training courses shall be evaluated for accreditation
purposes by the Program for course administration, course length, curriculum,
training methods, instructors' teaching effectiveness, technical accuracy of
written materials and instruction, examination, and training certificate. The
evaluation shall be conducted using 40 CFR Part 745 Subpart L.

(e) Training course providers shall submit the following
for evaluation by the Program:

(1) A completed application on a form provided
by the Program, along with supporting documentation. The form and supporting
documentation shall include the following:

(A) name, address including city, state, and zip code,
and telephone number of the training provider, and name and signature of the
contact person, training manager, and principal instructor;

(B) course title, location, and the language in which
the course is to be taught;

(C) course agenda;

(D) a copy of all written instructional material to be
used;

(E) learning or performance objectives for each topic
to be taught;

(F) a copy or description of all audio/visual materials
to be used;

(G) a description of each hands-on training activity and
skills assessment, including criteria for determining student proficiency;

(H) a description of instructional facilities and
equipment;

(I) a copy of a sample exam with correct answers marked
and exam blueprint; and

(J) a written policy for administration of oral exams.

(2) A sample course certificate with the
following information:

(A) name and address, including city, state, and zip
code of the student;

(D) a statement that the student successfully completed
the course and hands-on skills assessment and passed the required examination;

(E) unique certificate number;

(F) student photo;

(G) printed name and signature of the training course
manager and printed name of the principal instructor;

(H) name, address including city, state, and zip code,
and telephone number of the training provider;

(I) training course location; and

(J) for training courses taught in languages other
than English, the certificate shall indicate the language of the course;

(3) A list of accredited lead training courses
being offered for certification;

(4) A list of instructors who will teach in
North Carolina and their qualifications in accordance with 40 CFR 745 Subpart L
Subsection .225(c)(2); and

(5) A copy of the course quality control plan
that meets the requirements of 40 CFR 745 Subpart L Subsection .225(c)(9).

(f) An application for course accreditation by the Program
shall be processed as follows:

(1) The Program shall review the application
and supporting documentation and advise the applicant of any deficiencies. If
the deficiencies are not corrected within 12 months from the date of
application, the application and any supporting documentation shall be returned
to the applicant and the applicant shall re-submit a completed application.
Approval of submitted documentation does not constitute course accreditation;

(2) If the submitted documentation meets all
applicable requirements of this Rule, the Program shall notify the applicant of
this and also advise the applicant that it may contact the Program to schedule
an on-site audit. The on-site audit shall be of a class of at least two student
attendees and taught in North Carolina;

(3) If the Program determines, as a result of
the on-site audit, that the training course meets all applicable requirements
of this Rule, it shall issue course accreditation. If the course does not meet
these requirements, the Program shall notify the applicant of the deficiencies
and advise the applicant that it may request one additional on-site audit,
which shall be held no more than six months from the date of the first audit; and

(4) If the Program determines, as the result of
the second audit, that the training course meets all applicable requirements of
this Rule, it shall issue course accreditation. If the course does not meet
all these requirements, the Program shall notify the applicant of the
deficiencies, return all the application materials, and advise the applicant
that it may not reapply for course accreditation for the audited course for a
period of six months from the date of the last audit.

(g) Training course providers shall perform the following
in order to maintain accreditation of all initial and refresher courses:

(1) Issue a certificate of training meeting the
requirements of Subparagraph (e)(2) of this Rule to any student who
successfully completes the required training and the hands-on skills
assessment, and passes the applicable examination;

(2) Submit to the Program written notice of
intention to conduct a training course for North Carolina lead certification
purposes, if the course is to be taught in North Carolina. Notices for
training courses shall be postmarked or received 10 working days before the
training course begins. If the training course is canceled or there is a
change of instructors or course location, the training course provider shall
notify the Program at least two working days prior to the scheduled start
date. Notification of intent to conduct a training course shall be made using
a form provided by the Program and shall include the following:

(E) location of the course facility and directions to
the course facility;

(F) language in which the course is taught; and

(G) signature of the training manager;

(3) Notify the Program, in writing, at least 10
working days prior to the scheduled course start date, of any changes to course
length, training methods, training certificate, or training course manager;

(4) Submit to the Program information and
documentation for any course accredited pursuant to this Rule if requested by
the Program;

(5) Ensure that all training courses covered
under this Rule meet the requirements of 40 CFR Part 745 Subpart L, Subsection
.225(c), (d), and (e) and the following requirements:

(A) the instructor must follow the curriculum that was
approved by the Program, US EPA, or a state, tribe, or territory with whom the
Program has a reciprocity agreement. The schedule may be adjusted, but all
curriculum elements shall be covered;

(B) all initial and refresher training courses shall
have a maximum of 30 students;

(C) a day of training shall include at least eight
training hours;

(D) a training course shall be completed within a
two-week period;

(E) instructor ratio for hands-on training shall be no
more than 10 students per instructor;

(F) all course materials shall be in the language in
which the course is being taught;

(G) each training course shall be discipline specific;

(H) students shall be allowed to take an examination no
more than twice for each course. The exam used for retesting shall be
different from the previous exam. After two failures, the student shall retake
the full course before being allowed to retest; and

(I) training providers shall provide examination
security to prevent student access to the examination materials before and
after the exam. Training providers shall take measures to preclude cheating
during the exam, such as providing space between students, prohibiting talking,
and monitoring students throughout the exam.

(6) Verify, by photo identification, the
identity of any student requesting training;

(7) Submit a completed renewal application on a
form provided by the Program for each course accredited by the Program, and
taught in North Carolina, for which the training provider is seeking renewal;

(8) Conduct work practice and worker protection
demonstrations and hands-on exercises presented in all training courses covered
under this Rule in accordance with Rule .0906 of this Section and 29 CFR
1926.62, which is hereby incorporated by reference, including any subsequent
amendments and editions; and

(9) Teach the course at least once every five
years in North Carolina.

(h) Training course providers shall permit Program
representatives to attend, evaluate and monitor any training course, take the
course examination, and have access to records of training courses without
charge or hindrance to the Program for the purpose of evaluating compliance
with these Rules. The Program shall perform periodic and unannounced on-site
audits of training courses.

(i) In accordance with G.S. 130A-23, the Program may
suspend, revoke, or deny accreditation for a training course for any violation
of G.S. 130A, Article 19B or the Rules of this Section and shall revoke
accreditation upon revocation of accreditation by the US EPA or by any state
with a US EPA authorized accreditation program. The Program shall also revoke
course accreditation for all courses taught by a training provider upon a
finding that the training course provider has issued one or more certificates
to an individual who did not actually attend the course, successfully complete
the hands-on exercises, and pass the examination. When course accreditation is
revoked for improper issuance of certificates, the training course provider is
not eligible for reaccreditation for a period of 36 months from the date of
revocation.

History Note: Authority G.S. 130A-453.26; 130A-453.31;
130A-23;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.

10A NCAC 41C .0905 ACCREDITATION OF TRAINING PROVIDERS

(a) To become accredited, training providers shall meet the
following requirements:

(1) Submit a completed application on a form
provided by the Program including:

(A) the name, address including city, state and zip
code, and telephone number of the training provider;

(B) a statement that all courses taught in North
Carolina for certification will comply with all of the requirements of the
rules in this Section;

(C) a statement that the training provider is
responsible for maintaining the validity and integrity of the hands-on skills
assessment to ensure that it accurately evaluates the trainees' performance of
the work practices and procedures associated with the course topics;

(D) a statement that the training provider is
responsible for maintaining the validity and integrity of the course
examination to ensure that it accurately evaluates the trainees' knowledge and
retention of the course topics;

(E) documentation for the training manager, pursuant to
Rule .0904 of this Section; and

(F) the original signature, title, and printed name of
an official of the training provider.

(2) Training Providers accredited by US EPA or
by a state with a US EPA authorized program shall submit documentation of their
accreditation to the Program.

(b) In accordance with G.S. 130A-23, the Program may
suspend, revoke, or deny accreditation of a training provider for any violation
of G.S. 130A, Article 19B or the rules of this Section and shall revoke
accreditation upon revocation of accreditation by the US EPA or by any state
with a US EPA authorized accreditation program. A training provider whose
course accreditation has been revoked by the Program is not eligible for
accreditation for a period of 12 months from the date of revocation. The
Program shall also revoke a training provider's accreditation upon a finding
that the training course provider has falsified training documents or issued
one or more certificates to an individual who did not actually attend the
course, complete the hands-on exercises, and pass the examination. When
accreditation is revoked for falsification of documents or improper issuance of
certificates, the training course provider shall not be eligible for
reaccreditation for a period of 36 months from the date of revocation.

(b) All certified renovation firms using USEPA-recognized
test kits prior to conducting renovation activities in target housing and
child-occupied facilities must provide in writing to the person who contracted
for the renovation the identifying information as to the manufacturer and model
of the test kits used, a description of the components that were tested
including their locations, and the test kit results. This information must be
provided prior to the start of the renovation activities.

(a) The rules of this Subchapter implement the provisions of
G.S.130A-284 by establishing decontamination standards for property that has
been used for the manufacture of methamphetamine. The contaminated property
shall not be occupied prior to decontamination of the property in accordance
with these Rules.

(b) A responsible party shall, prior to habitation of the
property:

(1) perform a pre-decontamination assessment to
determine the level of contamination and scope of remediation;

(2) decontaminate the property; and

(3) document the activities of this Paragraph.
The Division shall develop a template that can be used for this purpose.

(c) As used in this Subchapter the term "responsible
party" means an owner, lessee, operator, or other person in control of a
residence or place of business or any structure appurtenant to a residence or
place of business who has knowledge that the property has been used for the
manufacture of methamphetamine.

(d) When law enforcement officials have posted a notice on
property signifying that the property had been used as a clandestine
methamphetamine laboratory, the law enforcement officials shall immediately
notify the local health department of the presence of the laboratory. The
local health department shall immediately inform the property owner of record
or his agent that the property has been used as a methamphetamine laboratory,
inform him that the property must be vacated, and inform him of the requirement
placed upon a responsible party to remediate the property in accordance with
these rules prior to the property being reoccupied.

History Note: Authority G.S. 130A-284;

Temporary Adoption Eff. January 1, 2005;

Eff. April 1, 2005.

10a ncac 41d .0102 PRE-DECONTAMINATION ASSESSMENT

The responsible party shall conduct a pre-decontamination
assessment in accordance with the following:

(2) Determine whether the heating, ventilation, air
conditioning (HVAC) system serves more than one unit or structure such as
motels, apartments, row houses or multiple-family dwellings to determine
whether contamination entered other residences or rooms.

(3) Assess the plumbing system for visible
contamination such as chemical etching or staining and for the presence of
chemical odors coming from the drain.

(4) Conduct a visual assessment of the severity of
contamination inside and outside of the structure where the lab was located:

(C) determine whether disposal methods used by
the "cooks" at and near the lab site (e.g., dumping, burning, burial,
venting, and drain disposal) caused contamination of soil, groundwater, on-site
sewage disposal systems, or other environmental contamination.

(5) Develop a plan for waste disposal in accordance
with the rules and statutes administered by the North Carolina Department of
Environment and Natural Resources, Division of Waste Management for materials
removed from the structure and wastes produced during cleaning, including solid
wastes, hazardous wastes, and household hazardous wastes.

(6) Determine whether the severity and type of
contamination creates a risk of explosion or fire and thereby requires
disconnection of power sources to the structure until after decontamination is
complete.

(8) Notify the local health director of potential
contamination of septic systems, soil, or groundwater.

(9) Notify the lead law enforcement agency for the site
if lab remnants or other evidence of methamphetamine manufacturing is
discovered that may have been overlooked during bulk decontamination.

(10) Document and retain for three years findings of the
pre-decontamination assessment and provide a copy to the local health
department in accordance with Rule .0104 of this Section.

History Note: Authority G.S. 130A-284;

Temporary Adoption Eff. January 1, 2005;

Eff. April 1, 2005.

10A NCAC 41D .0103 DECONTAMINATION

Decontamination shall be performed in accordance with the
pre-decontamination assessment report prepared pursuant to .0102 of this
Subchapter. The responsible party shall document all activities related to the
cleanup and retain this documentation for three years. The cleanup shall include
all of the items listed in this Rule.

(1) Site ventilation shall include:

(A) not operating the HVAC system until cleanup
is completed;

(B) venting the structure by opening doors and
windows or using equipment such as fans, blowers and negative air machines for
a minimum of two days prior to cleaning and throughout the cleanup process; and

(2) Any syringes or other drug paraphernalia that may
be contaminated with blood or other bodily fluids shall be disposed of in
puncture proof containers.

(3) Chemical remnants and spills shall be remediated as
follows:

(A) determine pH of liquid spills with litmus (pH)
paper;

(B) neutralize liquid acids and bases to a pH of
6 through 8;

(C) absorb liquids with a non-reactive material
and package for waste disposal; and

(D) package solids for waste disposal.

(4) Machine washable porous materials such as
draperies, bed coverings, and clothing in rooms assessed as contaminated and
rooms serviced by the same HVAC system as the room where methamphetamine was
manufactured shall be washed two times with detergent and water or disposed of
in accordance with the waste disposal plan. Non-machine washable porous
materials, such as upholstered furniture and mattresses, in rooms assessed as
contaminated and rooms serviced by the same HVAC system as the room where
methamphetamine was manufactured shall be disposed of in accordance with the
waste disposal plan. All carpeting in rooms serviced by the same HVAC system
as the room where methamphetamine was manufactured and all carpet that is part
of the same dwelling unit shall be disposed of in accordance with the waste
disposal plan.

(5) Plumbing and HVAC systems shall be remediated as
follows:

(A) Plumbing fixtures that are visibly
contaminated (chemical etching or staining or chemical odors present) beyond
normal household wear and tear shall be removed and disposed, and the attached
plumbing shall be flushed; plumbing fixtures that are not removed shall be
cleaned; and

(2) HVAC systems shall have: all filters in the
system replaced; supply diffusers and intake vents removed and cleaned; and the
surfaces near system inlets and outlets cleaned. Any system that is
constructed of non-porous material such as sheet metal or the equivalent shall
be high efficiency particulate air (HEPA) vacuumed and washed two feet into the
ductwork from the opening. Internally insulated ductwork shall be removed two
feet from the opening and replaced.

(6) All appliances (such as refrigerators, stoves, hot
plates, microwaves, toaster ovens, and coffee makers) used in the manufacture
of methamphetamine or storage of associated chemicals shall be disposed in
accordance with the waste disposal plan. Appliances that are not used in the
manufacture of methamphetamine shall be cleaned.

(7) Ceilings, walls, floors and non-porous materials in
rooms where methamphetamine was manufactured, rooms serviced by the same HVAC
system as the room where methamphetamine was manufactured, and in other rooms
assessed as contaminated shall be scrubbed using a household detergent solution
and rinsed with clear water. Scrub and move non-porous materials to an area
that is free of contamination. Then scrub the ceiling first, then the walls
and then the floors. This procedure shall be repeated two additional times
using fresh detergent solution and fresh rinse water with each cleaning of each
surface (ceilings, walls, and floors). If a surface has visible contamination
or staining, or if an odor emanates from a surface, that surface shall be
rewashed, painted with a non-water based paint until the odor and visible
contamination is no longer observable. If staining or odors persist the
surface must be removed. After cleaning, room(s) used for the manufacture of
methamphetamine shall have ceilings and walls painted with a non-water based
paint. Resilient floor covering(s), such as sheet, laminate or tile vinyl, in
the room(s) used for the manufacture of methamphetamine shall be removed and
replaced or after cleaning, covered in place with new floor coverings. Ceramic
or stone tiled surfaces, (floors, countertops, walls, or other ceramic or stone
tiled surfaces) in the room(s) used for the manufacture of methamphetamine
shall be removed after cleaning, re-glazed or have grout stained using an
epoxy-based stain. Wooden materials (floors, walls, ceilings, cabinets, or
other wooden materials) in the room(s) used for the manufacture of
methamphetamine shall be removed or after cleaning, sealed with a non-water
based coating.

(8) After cleaning is complete, the property shall be
aired out for at least three days to allow for remaining volatiles to
disperse. Open all windows and use exhaust fans to exhaust air out of the
house. During this time, the property shall remain off limits unless it is
necessary to make visits to check on the site.

(9) Outdoor cleanup shall be completed in accordance
with applicable rules administered by the North Carolina Department of
Environment and Natural Resources.

History Note: Authority G.S. 130A-284;

Temporary Adoption Eff. January 1, 2005;

Eff. April 1, 2005.

10A NCAC 41D .0104 POST-DECONTAMINATION

The responsible party shall notify the local health
department upon completion of the decontamination process. The responsible
party shall provide a copy of the pre-decontamination assessment and the
decontamination activity documentation to the local health department. The
local health department shall review the documentation to determine if the
responsible party has documented activities addressing all requirements of the
rules. The health department shall immediately notify the responsible party in
writing if it determines that the documentation is incomplete. The local
health department shall retain this documentation for three years.

History Note: Authority G.S. 130A-284;

Temporary Adoption Eff. January 1, 2005;

Eff. April 1, 2005.

10A NCAC 41D .0105 ENFORCEMENT

The local health department may inspect the property prior
to, during or after decontamination to enforce the provisions of these Rules.
The local health department may enforce the provisions of these Rules in
accordance with G.S. 130A, Article 2.

(a) In order to identify, prevent and control health
hazards pursuant to G.S. 130A-5(2), the rules of this Subchapter establish
standards for reporting pesticide-related illnesses or injuries that are named
in this subchapter and are hereby considered harmful to the public's health.

(b) The following definitions apply throughout this
section:

(1) "Acute pesticide-related illness or
injury" means any confirmed or suspected case of systemic, ophthalmologic
or dermatologic illness or injury resulting from inhalation, ingestion, dermal
exposure or ocular contact with a pesticide, where symptoms occur within eight
hours of exposure.

(2) "Pesticide" means any substance
or mixture of substances intended for preventing, destroying, repelling, or
mitigating any pest, and any substance or mixture of substances intended for
use as a plant regulator, defoliant, or desiccant. Pesticides include but are
not limited to insecticides, fungicides, herbicides, defoliants, desiccants,
plant growth regulators, nematicides, and rodenticides.

History Note: Authority G.S. 130A-5(2);

Eff. April 1, 2006.

10A NCAC 41F .0102 REPORTING OF PESTICIDE-RELATED ILLNESS
OR INJURY

Physicians shall report the following named
pesticide-related illness or injuries that are considered harmful to the
public's health within the time period specified after the illness or injury is
diagnosed:

(1)Acute pesticide-related illness or injury - 48 hours

(2)Acute pesticide-related illness or injury resulting in death –
immediately

History Note: Authority G.S. 130A-5(2);

Eff. April 1, 2006.

10A NCAC 41F .0103 METHOD OF REPORTING

(a) A report of a pesticide-related illness or injury shall
be submitted to the Occupational and Environmental Epidemiology Branch on a
form provided by or approved by the Branch according to these Rules. The form
shall include the following information:

(2) The physical location of the affected
person at the time of exposure to the pesticide, if known (be as specific as
possible and include address and telephone number);

(3) The name of the pesticide, if known; and

(4) The name, address, and telephone number of
the physician or medical facility.

(b) To minimize cost and to avoid duplicate reporting, the
physician is not required to report a case of a pesticide-related illness or
injury to the Occupational and Environmental Epidemiology Branch if the
physician has already reported that case to the state poison control center.
The state poison control center shall report all such cases to the Occupational
and Environmental Epidemiology Branch.

(c) Reporting forms are available at the Occupational and
Environmental Epidemiology Branch, Division of Public Health, 1931 Mail
Service Center, Raleigh, NC 27699-1931 or at
http://www.epi.state.nc.us/epi/oii.html.

History Note: Authority G.S. 130A-5(2);

Eff. April 1, 2006.

SUBCHAPTER 41G ‑ VETERINARY PUBLIC HEALTH

SECTION .0100 ‑ VETERINARY PUBLIC HEALTH PROGRAM

10A NCAC 41G .0101 TIME OF RABIES VACCINATION

(a) When rabies vaccine is administered by a certified
rabies vaccinator to a dog or cat, the dog or cat shall be re‑vaccinated
annually.

(b) When rabies vaccine is administered by a licensed
veterinarian to a dog or cat, the dog or cat shall be re‑vaccinated one
year later and every three years thereafter, if a rabies vaccine licensed by
the U.S. Department of Agriculture as a three‑year vaccine is used. Annual
re‑vaccination shall be required for all rabies vaccine used other than
the U.S. Department of Agriculture three‑year vaccine. However, when a
local board of health adopts a resolution stating that in order to control
rabies and protect the public health annual vaccination is necessary within the
area over which they have jurisdiction, then the dog or cat must be vaccinated
annually regardless of the type vaccine used, until the resolution is repealed.

History Note: Authority G.S. 130A‑5(3); 185;

Eff. February 1, 1976;

Amended Eff. May
10, 1976;

Readopted Eff. December
5, 1977;

Amended Eff. September
1, 1990; January 1, 1984.

10a ncac 41g .0102 FEES FOR RABIES TAGS, LINKS, AND RIVETS

History Note: Authority G.S. 130A-190;

Eff. January 1, 1982;

Amended Eff. September 1, 1990;

Temporary Amendment Eff. July 22, 1997;

Amended Eff. August 1, 1998;

Temporary Amendment Eff. May 4, 2001;

Temporary Amendment Expired February 26, 2002;

Codifier Objected to findings of need on February 11,
2003;

Temporary Amendment Eff. February 24, 2003;

Amended Eff. August 1, 2004;

Repealed Eff. July 1, 2014.

10A NCAC 41G .0103 APPROVED RABIES VACCINES

Any animal rabies vaccine licensed by the United States
Department of Agriculture is approved for use on animals in North Carolina.

History Note: Filed as a Temporary Amendment Eff. March
17, 1993 for a period of 180 days or until the permanent rule becomes
effective, whichever is sooner;

The staff of the Vital Records Section of the Division of
Public Health is authorized to administer the statewide vital records program
outlined in Article 4 of Chapter 130A of the North Carolina General Statutes.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990; January 1, 1984.

10A NCAC 41H .0102 DEFINITIONS

As used in Article 4 of Chapter 130A of the General Statutes
and in these Rules:

(3) "Filing" means the presentation of a
certificate, report, or other record provided for by the statute or these
regulations of a birth, death, fetal death, adoption, marriage, or divorce for
registration;

(4) "Registration" means the acceptance and
the incorporation in official records of certificates, reports or other records
provided for in the statutes or these regulations of births, deaths, fetal
deaths, adoptions, marriages, or divorces;

(5) "Live birth" means the complete expulsion
or extraction from its mother of a product of human conception, irrespective of
the duration of pregnancy, which, after such expulsion or extraction, breathes
or shows any other evidence of life such as beating of the heart, pulsation of
the umbilical cord, or definite movement of voluntary muscles, whether or not
the umbilical cord has been cut or the placenta is attached;

(6) "Fetal death" means death prior to the
complete expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy; the death is indicated
by the fact that after such expulsion or extraction the fetus does not breathe
or show any other evidence of life such as beating of the heart, pulsation of
the umbilical cord, or definite movement of voluntary muscles;

(7) "Dead body" means a lifeless human body
or parts of such body or bones thereof from the state of which it reasonably
may be concluded that a death has occurred;

(8) "Final disposition" means the burial,
interment, cremation, or other disposition of a dead body or fetus;

(9) "Physician" means a person authorized or
licensed to practice medicine pursuant to the laws of North Carolina.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. January
1, 1984.

10A NCAC 41H .0103 FORMS

All forms, certificates, and reports used in the
registration of vital events are the property of the State Registrar and shall
be surrendered to him on demand. The forms prescribed and distributed by the
State Registrar for reporting vital events shall be used only for official
purposes. No forms shall be used in the reporting of vital events except those
furnished or approved by the State Registrar.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0104 GENERAL REQUIREMENTS FOR PREPARATION OF
CERTIFICATES

In order for certificates to be considered complete and
acceptable for registration, each certificate shall:

(1) be filed on forms prescribed and distributed by the
State Registrar,

(2) not be marked "copy" or
"duplicate",

(3) not be a duplicate copy except for marriage and
divorce certificates,

(4) not contain improper or inconsistent data,

(5) be prepared in conformity with these regulations,
or instructions issued by the State Registrar.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990.

10A NCAC 41H .0105 MONTHLY VITAL STATISTICS REPORT

The local registrar shall include with each mailing of vital
records to the State Registrar, a monthly vital statistics report on a form
prescribed by the State Registrar which will be a tally of all records by type
of record, by month and year of occurrence, and other information directly
related to the registration of vital events.

(a) Failure to carry out the provisions of the law relating
to vital statistics and regulations adopted thereunder or conduct that may
impair operation of the vital statistics system shall be considered reasonable
cause for removal of a local registrar, deputy registrar, or subregistrar.

(b) The termination of employment of a local registration
official shall constitute the termination of his position of local registrar,
deputy registrar, or subregistrar.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990.

SECTION .0300 ‑ BIRTH REGISTRATION

10A NCAC 41H .0301 GENERAL REQUIREMENTS

In addition to the requirements specified in 10A NCAC 41H
.0104, no birth certificate shall be considered complete, correct, and
acceptable for registration:

(1) that does not have the certifier's name typed or
printed legibly under his signature,

(2) that does not supply all items of information
called for thereon or satisfactorily account for their omission, and

(3) that contains any data relative to the putative father
of a child born out of wedlock unless it is accompanied by the written consent
of both parents under oath or a certified copy of a decree determining
paternity.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0302 LATE CERTIFICATES NOT SIGNED BY ATTENDANT

Certificates of birth filed after ten days but within one
year from the date of birth which are signed by someone other than the
attendant must be accompanied by a statement from the local registrar stating
why the certificate cannot be signed by the attendant. The State Registrar may
require additional evidence in support of the facts of birth or an explanation
for the delay in filing.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. February
1, 1990; April 1, 1982.

10A NCAC 41H .0303 PHYSICIAN'S SIGNATURE

A birth certificate must be completed and signed by the
physician or other person in attendance at birth within ten days after birth.
If the certificate has not been completed by the physician or other person in
attendance within ten days, the hospital administrator may complete and sign
the certificate.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. February
1, 1990; April 1, 1982.

10A NCAC 41H .0304 MOTHER'S SIGNATURE

Certificates of live birth shall be completed by the
hospital and signed by the mother before she is discharged unless she is
physically unable to sign, the child is going to be given up for adoption, or
unless she refuses to sign. After signing, the mother shall be given a carbon
copy of the certificate. In no cases shall the mother be asked to sign a blank
certificate except that she may sign the certificate before the attendant has
signed it if the attendant's name is typed or printed in the proper location.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0305 MEDICAL AND HEALTH INFORMATION

The local registrar shall delete all information labeled
"For Medical and Health Use Only" from the copies of Certificates of
Live Births which are to be forwarded to the registers of deeds.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

SECTION .0400 ‑ DELAYED REGISTRATION OF BIRTHS

10A NCAC 41H .0401 GENERAL REQUIREMENTS

All certificates registered one or more years after the date
of birth are to be registered on a Delayed Certificate of Birth Form prescribed
by the State Registrar. Any living person born in this state whose birth is
not recorded, or his parent, or guardian may apply to the register of deeds in
the county of birth on a form prescribed by the State Registrar. Such completed
application form shall be retained by the register of deeds.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. July
1, 1992; June 16, 1980.

10A NCAC 41H .0402 DOCUMENTARY EVIDENCE: FACTS TO BE
ESTABLISHED

(a) The minimum facts which must be established by
documentary evidence shall be:

(1) the full name of the person at the time of
birth;

(2) the date and place of birth;

(3) the full maiden name of the mother; and

(4) the full name of the father, except for
births as specified in G.S. 130A-101(f).

Documents presented, other than personal affidavits, to
establish these facts must be from independent sources and shall be in the form
of an original official record (record created by or for a business or
publically-funded agency or organization during the normal course of business)
or a duly certified copy thereof or a signed statement from the custodian.
These documents must have been established at least five years prior to the
date of application. However, documents established less than five years prior
to date of application shall be accepted if created prior to the applicant's
fifth birthday.

(b) An affidavit of personal knowledge, to be acceptable,
must be signed by one of the parents, or a person older than the registrant
having knowledge of the facts of birth before an official authorized to
administer oaths.

(c) For applicants, three pieces of evidence are required,
only one of which may be an affidavit. All three must prove name and date of
birth, two must prove place of birth, and one must prove parentage.

(d) All evidence shall be abstracted or included with the
application and must be signed by the appropriate official. The application
and affidavits of personal knowledge shall be retained by the register of deeds
for one year. Other supporting documents may be returned to the applicant upon
completion of the certificate.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1992; September 1, 1990; June 16, 1980.

10A NCAC 41H .0403 COMPLETION OF THE CERTIFICATE

(a) Upon proper submission of application and supporting
evidence, the register of deeds shall abstract on the delayed certificate of
birth a description of each document submitted to support the facts shown on
the delayed birth certificate. The description shall include:

(1) the title or description of the document;

(2) the name and address of the affiant, if the
document is an affidavit; or of the custodian, if the document is an original
or certified copy of a record or a signed statement;

(3) the date of the original filing of the
document being abstracted; and

(4) the information regarding the birth facts
supported by the document.

(b) Each delayed certificate of birth shall be signed and
sworn to before an official authorized to administer oaths by the person whose
birth is to be registered if such person is 18 years of age and is competent to
sign. Otherwise, the certificate shall be signed and sworn to by one of the
parents or guardians of the registrant.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. July
1, 1992.

10A NCAC 41H .0404 FINAL CERTIFICATION

(a) The register of deeds shall, by his signature, certify
that he has reviewed the evidence submitted to establish the facts of birth and
that the abstract of the evidence appearing on the delayed certificate of birth
accurately reflects the nature and content of the document. He shall enter the
date of his signature.

(b) The State Registrar has final authority to determine
acceptability of evidence. Upon receipt and approval, the State Registrar or
his designated representative, shall, by his signature, certify that no prior
birth certificate is on file for the person whose birth is to be recorded. He
shall also enter the date of his signature.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0405 DISMISSAL AFTER ONE YEAR

Applications for delayed certificates which are not
completed within one year may be dismissed at the discretion of the register of
deeds. Upon dismissal, all documents may be returned to the applicant.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0406 DELAYED BIRTH CERTIFICATES FOR DECEASED
PERSONS

Applications for delayed birth certificates shall not be
accepted and delayed birth certificates shall not be filed for persons who have
died.

Hospitals and institutions shall establish and follow a
procedure for assisting funeral directors in completing death certificates. As
a minimum, the procedure will ensure that the funeral director is provided with
the name of the deceased, the name of the attending physician or medical
examiner who is responsible for the medical certification, and the date of
death.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990.

10A NCAC 41H .0502 ACCEPTANCE OF INCOMPLETE DEATH
CERTIFICATE

If the funeral director is unable to obtain the personal
information about the deceased within the prescribed statutory time period, the
funeral director shall file a death certificate form completed with all
available information, except that no certificate shall be filed without proper
medical certification and signature of attending physician or medical examiner.

The information missing shall be provided to the local
registrar by the funeral director as soon as possible, but in all cases within
30 days. Such information shall be entered by the local registrar on the
original death certificate or forwarded to the State Registrar.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0503 DEATH REGISTRATION: MEDICAL CERTIFICATION

Except for deaths caused by conditions under the
jurisdiction of the medical examiner, the physician who last treated the
deceased is responsible for completing the medical certification of the death certificate,
unless there is evidence or indication that the cause of death is unrelated to
the previous diagnosis and treatment. If the attending physician is
unavailable, the certificate shall be signed by the physician who pronounced
death (if he can reasonably determine the cause) or by an associate physician
or physician on call for the attending physician if medical records of the
deceased are available and if the cause of death is reasonably ascertainable
from the records and circumstances preceding death.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990.

10A NCAC 41H .0504 NO DEATH CERTIFICATE FOR MISSING PERSONS

No death certificate shall be filed nor shall any death certificate
be accepted for filing by a local registrar or the State Registrar unless there
is a body or some remains such as ashes or decomposed organic substance
determined to be human. Deaths in which bodies are lost in lakes, rivers, and
oceans may not be registered until and unless the body is recovered.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0505 DISINTERMENT‑REINTERMENT PERMITS

A permit for disinterment‑reinterment shall be issued
by the local registrar or deputy registrar only upon receipt of a written
authorization signed by:

(1) the spouse if living; otherwise,

(2) by the next‑of‑kin and the person who
is to perform the disinterment; or

(3) upon receipt of an order of a court of competent
jurisdiction directing such disinterment.

A dead body which has been deposited in a receiving vault
shall not be considered a disinterment when removed from the vault for final
burial.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990; November 1, 1978.

10A NCAC 41H .0506 REMOVAL OF BODIES

Before removing a dead body or fetus from the place of
death, the funeral director or person acting as such shall:

(1) obtain assurance from the attending physician that
death is from natural causes and that the physician will assume responsibility
for certifying to the cause of death or fetal death, or

(2) notify the medical examiner if the case comes
within his jurisdiction and receive authorization from him to remove the body.

History Note: Authority G.S. 130A‑92(7);

Eff. October 1, 1977;

Readopted Eff. November
15, 1977.

SECTION .0600 ‑ CERTIFIED COPIES

10A NCAC 41H .0601 BIRTH CERTIFICATES

(a) There shall be three forms of copies of birth
certificates:

(1) a photocopy of the original record
excluding medical and health related information with facsimile of the
signature of the State Registrar and raised seal and date issued; and

(2) a typed copy prepared on a form printed on
safety paper with facsimile of the signature of the State Registrar and raised
seal; the form shall provide at least the following items of information:

(A) name and sex of child;

(B) date and place of birth;

(C) names, ages (at time of birth), and birthplaces of
father and mother;

(D) date filed with local registrar;

(E) certificate number; and

(F) date of issue; and

(3) a typed wallet‑size card with
facsimile of the signature of the State Registrar providing as a minimum the
following items of information:

(A) name and sex of child;

(B) date and place of birth;

(C) date filed with local registrar;

(D) certificate number;

(E) date of issue; and

(F) changes of names by court order noted on back for
persons older than 15 years unless good cause (including cases of illegitimacy,
fostercare, etc., but not necessarily limited to those cases) is shown for
deleting the notation.

(b) A wallet‑size card shall be issued when
specifically requested.

(c) A typed copy shall be issued when specifically
requested, when the original certificate cannot be photocopied, when the
original has been corrected or amended, or when the record is that of an
adopted or legitimated person.

(d) A photocopy shall be issued when specifically requested
or whenever it is most convenient except in cases in which a typed copy is
required.

(e) In cases when the individual is known to be deceased,
the word "DECEASED" shall be added to the certificate in a prominent
location. This procedure shall apply to copies issued by the Vital Records
Section and to each register of deeds or local health department that issues
certified copies of birth certificates.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Amended Eff. October
1, 1977;

Readopted Eff. November
15, 1977;

Amended Eff. July
1, 1992; January 1, 1992; May 1, 1991.

10A NCAC 41H .0602 DELAYED BIRTH CERTIFICATES

A certified copy of a birth certificate shall be a photocopy
unless it cannot be copied. If not reproducible, a typed copy shall be made,
giving all data which appears on the original certificate, on a form similar to
the form on which the original certificate was filed.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0603 BIRTH CERTIFICATES FOR OUT‑OF‑WEDLOCK
BIRTHS

When issuing a certified copy of a birth certificate for a
child born out of wedlock, which names the father of the child without the
father's acknowledgment of paternity and without judicial determination of
paternity, the information pertaining to the father shall not be included
except in cases when the person named on the certificate specifically requests
that the copy show the father's name and when the person named on the
certificate properly identifies the name of the father as shown on the original
certificate of birth.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0604 DEATH CERTIFICATES

Whenever it is physically possible, a certified copy of a
death certificate shall be a photocopy. Otherwise, it shall be typed on a form
which approximates the form on which the original certificate was filed. When
supplemental causes of death are attached, the information contained thereon
shall be included.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

SECTION .0700 - FEES AND REFUNDS

10a ncac 41H .0701 ROUTINE REQUESTS FOR CERTIFIED COPIES

(a) The fee for a non-expedited search for a certificate of
birth, death, marriage or divorce is twenty-four dollars ($24.00), which
includes the cost of a search of the year indicated and if necessary the year
immediately prior to and subsequent to the indicated year. This fee also
covers issuance of a copy if the record is found. If the record is not
located, the fee shall be retained for providing the search.

(b) If expedited service is specifically requested, an
additional fee of fifteen dollars ($15.00), in addition to all shipping and
commercial charges, shall be charged in accordance with G.S. 130A-93.1(a)(2).

(a) The State Registrar may permit the use of data from
vital records for research purposes. The State Registrar shall require the
applicant to specify in writing the conditions under which the records or data
will be used, stored, and disposed of; the purpose of the research; the
research protocol; access limitations; and security precautions.

(b) A fee of twenty-four dollars ($24.00) shall be charged
per name searched. If expedited service is specifically requested, an
additional fee of fifteen dollars ($15.00), in addition to all shipping and
commercial charges, shall be charged in accordance with G.S. 130A-93.1(a)(2).

(c) Vital records or data provided under this Rule shall be
used only for the purposes described in the application.

History Note: Authority G.S. 130A-92(a)(7); 130A-93;
130A-93.1;

Eff. February 1, 1976;

Readopted Eff. November 15, 1977;

Amended Eff. August 24, 2009; June 1, 2005; February 1,
1994; February 1, 1992; September 1, 1990; October 1, 1985;

Emergency Amendment Eff. September 14, 2009;

Temporary Amendment Eff. December 1, 2009;

Amended Eff. November 1, 2010.

10a ncac 41H .0703 FEES FOR CORRECTIONS AND AMENDMENTS

The fee for correcting or amending a birth or death
certificate shall be fifteen dollars ($15.00) per request. No fee shall be
charged for amending a cause of death on a death certificate.

A fee of fifteen dollars ($15.00) shall be charged for
preparing a new birth certificate for adoptions and legitimations.

History Note: Authority G.S. 48‑9-107; 130A‑92(a)(7);
130A‑118;

Eff. February 1, 1976;

Amended Eff. October 1, 1977;

Readopted Eff. November 15, 1977;

Amended Eff. June 1, 2005; August 1, 1991; October 1,
1985.

SECTION .0800 ‑ CHANGE OF NAMES

10A NCAC 41H .0801 NORTH CAROLINA COURT ORDERS

For court orders changing a name issued under the authority
of North Carolina law, and if the name has not been previously changed, the
name on the certificate shall be lined out, and the new name entered. The face
of the certificate shall be noted, "Name changed by court order" with
the date of the change. The register of deeds in the county of occurrence
shall be notified.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0802 OUT‑OF‑STATE COURT ORDERS

If the court order originates in another state and the name
has not been previously changed by court order, the change shall be made in the
same manner as those originating in North Carolina. If the name has been
previously changed by court order, the statutory authority for the second
change from the other state shall be required.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990; May 15, 1979.

10A NCAC 41H .0803 FEDERAL WITNESS PROTECTION PROGRAM

When a court order is issued under the United States
Department of Justice Witness Protection Program the certification of birth
shall be amended and the court order shall be placed in the sealed file. The
register of deeds in the county of birth shall not be notified of changes made
pursuant to this Regulation.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. May
15, 1979.

10A NCAC 41H .0804 FILING COURT ORDERS

If the court order is submitted on a form furnished by the
State Registrar, it shall be attached to the back of the certificate.
Otherwise, the court order shall be retained in permanent files.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. May
15, 1979.

10A NCAC 41H .0805 JUDICIAL DETERMINATION OF PATERNITY

For cases in which a court determines the paternity of an
illegitimate child, the father's name shall be added and a copy of the amended
certificate shall be forwarded to the register of deeds in the county where the
birth occurred. In cases where the mother is married and the court determines
the husband is not the father, the husband's name will be lined out, and if
also determined by the court, the natural father's name will be added.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Amended Eff. October
1, 1977;

Readopted Eff. November
15, 1977;

Amended Eff. August
1, 1991.

SECTION .0900 ‑ CORRECTIONS AND AMENDMENTS

10A NCAC 41H .0901 ERRORS

(a) The State Registrar may correct errors by his own
observation and by request from the individual or institution responsible for
filing the original certificate, the informant, or the local registrar or
his/her deputized agent. The register of deeds or other office of that county
that maintains and certifies records shall be provided all such corrections
either by the State Registrar or through the local registrar as provided in
Paragraph (b) of this Rule.

(b) Prior to such time as the certificate has been
officially registered by the Vital Records Section, each local registrar or
his/her deputized agent is empowered to and shall correct errors on a
certificate. After such time as the certificate has been officially registered
by the Vital Records Section, only the Vital Records Section is empowered to correct
errors on a certificate. The local registrar or his/her deputized agent shall
be responsible for determining whether the record has been officially
registered by the Vital Records Section.

(c) In order to ensure that the county copy of the certificate
provides the same information as the original certificate filed in the Vital
Records Section, the local registrar or the State Registrar, whomever makes the
correction, shall file with the local register of deeds or local health
department, whichever maintains and certifies the records, a copy of the
certificate in its corrected form. Although the county copies of certificates
corrected in this manner shall not be marked "Amended," the words
"Corrected Certificate" shall be placed upon the face of the corrected
certificate along with a notation indicating the items or sections corrected;
the date of the correction; and the signature of the local registrar, the local
registrar's deputized agent, or the State Registrar as appropriate.

(d) When a certificate has been corrected as provided in
this Rule and has been filed in the appropriate county office, that certificate
shall become the official county record. Only the official county record may
then be certified.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. January
1, 1992.

10A NCAC 41H .0902 MINOR CORRECTIONS

The following items may be corrected by the State Registrar
upon written application on forms provided by the State Registrar properly
dated, notarized, and signed by the registrant if of legal age, or one or both
of the parents or guardians of a minor child:

(1) any obvious clerical error,

(2) addresses,

(3) occupation,

(4) birth order,

(5) spelling of informant's name, and

(6) spelling of given names of child within four years
of birth.

Records corrected as above shall not be marked
"amended" but the notarized amendment application will be attached to
the back of the original certificate.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0903 CORRECTIONS REQUIRING PROOF

The following items may be corrected upon written request on
forms prescribed by the State Registrar properly notarized and signed by the
registrant if of legal age or by one or both parents or guardians of a minor
child provided that the request is supported by at least one piece of
documentary evidence:

(1) state of birth (deaths),

(2) birthplace of parents (births),

(3) county of birth,

(4) spelling of given names of child (births) after
four years of birth,

(5) spelling of father's or mother's name,

(6) age of parents,

(7) sex of child if incorrectly recorded,

(8) date of birth, and

(9) hour of birth.

For these corrections, except sex of child and hour of
birth, the certificates shall be marked "amended" as shall certified
copies subsequently issued. All available evidence including any which might
not have been submitted by the applicant shall be evaluated by the State
Registrar. The existence of inconsistent or conflicting evidence may be
considered cause for denying any request for correction in which case the
applicant shall be duly advised.

History Note: Authority G.S. 130A‑92(a)(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. February
1, 1994; July 1, 1992.

10A NCAC 41H .0904 ADDING NAMES

(a) If a birth certificate does not indicate a given name,
the State Registrar shall add the name when requested on a form prescribed by
the State Registrar, properly notarized and signed by the registrant if of
legal age or by one or both parents or guardians of a minor child. If a person
is over five years of age, the request must be supported by at least one piece
of documentary evidence. If a person is five years old or younger, the
documentary evidence shall be requested but shall not be required if medical or
school records have not been established.

(b) If a birth certificate does not indicate a surname, the
State Registrar shall add the surname on receipt of a request properly
notarized and signed by both parents or guardians if the child was born in
wedlock or by the mother or both guardians if born out of wedlock. If the
request is supported by documentary evidence, only one signature shall be
required. After the child has reached his sixth birthday, documentary evidence
of the established surname shall be required to add the surname.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. April
1, 1982.

10A NCAC 41H .0905 CORRECTING FALSIFIED BIRTH CERTIFICATES

(a) For cases in which the mother claims to have falsified
information for the birth certificate regarding her marital status or the name
of her husband, she shall be required to sign an affidavit to the effect that
the original information given at birth was false and provide appropriate proof
of the facts to be added to the record. The State Registrar reserves the right
to withhold issuance of copies of records known to be falsified (except to a
court or other official agency) until the necessary corrections have been made.

(b) If the mother alleges that she was not married at the
time of conception or birth the marital status shall be changed, information
regarding the father shall be lined through, and the child shall be given the
established surname.

(c) If the mother alleges that she had a different husband
from the one on the original birth certificate, and the whereabouts of the true
husband is unknown or he is dead, the name of the husband shall be lined
through and the child will be given the established surname, provided that the
mother shows proof of the marriage and proof that the child has been using the
surname to be added. The name of the alleged father may be added if his sworn
statement that he was married to the mother at the time of conception or birth
is furnished, and if no objection is raised by the man who was originally named
as the father.

(d) A copy of all such corrected records will be forwarded
to the register of deeds in the county of birth.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Amended Eff. October
1, 1977;

Readopted Eff. November 15, 1977;

Amended Eff. September 1, 1990; April 1, 1982.

10A NCAC 41H .0906 AMENDED CAUSES OF DEATH

When the physician or medical examiner who signed the
original death certificate chooses to change or add information regarding the
cause of death, the information will be submitted on a form provided for that
purpose by the State Registrar. For medical examiner cases, the State Medical
Examiner or a member of his staff authorized by him, may sign and submit
changes to the cause of death using the same form. Upon receipt of the form,
properly signed, the State Registrar will mark the face of the certificate
"cause amended" and the date, and affix the form to the back of the
original death certificate. The State Registrar will send a photocopy of the
amended death certificate to the register of deeds in the county where death
occurred.

Whenever a certified copy of an amended death certificate is
issued by the State Registrar, the copy will include the original certificate
and all amendments attached thereto.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November 15, 1977.

10A NCAC 41H .0907 CORRECTIONS TO DELAYED BIRTH CERTIFICATES

(a) Except for the year of birth, items on delayed birth
certificates may be corrected in accordance with the procedures described in
10A NCAC 41H .0901 to .0903. The year of birth cannot be changed on a delayed
birth certificate which was established from records submitted at the time of
filing.

(b) If the year of birth is disputed, the State Registrar
may cancel the original delayed birth certificate and file a new one based on
new evidence, all of which was established prior to the filing date of the
first delayed certificate. The applicant may be required to present such proof
directly to the State Registrar.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .0908 PROCEDURES FOR HANDLING DUPLICATE
CERTIFICATES

(a) When two or more certificates for the same event are
detected before numbering, determination must be made as to which one is the
most complete and accurate. The register of deeds shall be notified as to
which one is not to be filed. If duplicates are identical, the one with the
earliest filing date will be retained.

(b) When duplicates are detected after the records are
numbered, one must be voided. A note shall be made on the certificate indicating
"Void," the date and reason for voiding, and the certificate number
of the record which supersedes it.

(c) For cases in which the record must be filed under a
different number, a blank certificate shall be placed where the certificate was
removed, and the following items shall be noted on the blank certificate;
registration district number, certificate number, name, the word
"Void," the date and reason for voiding, and the certificate number
of the record which supersedes it.

(d) A note shall be made on the back of any certificate
which supersedes another record referencing the certificate number of the
superseded record.

Unless otherwise provided by law or regulation, the
following amendments may be made on a birth certificate only upon receipt of an
order from a court of competent jurisdiction:

(1) change in the surname of the registrant,

(2) change in parentage.

History Note: Authority G.S. 130A‑92(7);

Eff. October 1, 1977;

Readopted Eff. November
15, 1977;

Amended Eff. November
1, 1978.

10A NCAC 41H .0910 VITAL RECORDS AMENDMENT PROCEDURES

(a) A representative of the State Registrar shall evaluate
the evidence submitted in support of any amendment of a vital record. He may
accept or reject the amendment. If the amendment is rejected, he shall advise
the applicant of the reasons for this action. The existence of inconsistent or
conflicting evidence may be considered cause for denying any request for
amendment.

(b) If a request to amend a record is rejected, the
applicant may request an opportunity to meet with the State Registrar to
present data in support of the requested amendment. The applicant may be
represented by legal counsel.

(c) Examples of documentary evidence which may be used to
support vital record amendment requests are: early school records, census
records, marriage certificates, birth certificates of family members, rolls of
federal or state recognized Indian tribes, baptismal records.

(d) The Head of the Vital Records Section after reviewing
all the evidence, both written and oral, presented on behalf of the applicant
to support a vital record amendment shall render a decision and shall inform
the applicant in writing of the decision and the reasons therefor within 45
days. If the decision rendered is not in favor of the applicant, the applicant
may request a hearing under the provisions of the North Carolina Administrative
Procedure Act.

History Note: Authority G.S. 130A‑92(7);

Eff. November 1, 1978;

Amended Eff. December
6, 1991; January 1, 1984.

SECTION .1000 ‑ NEW CERTIFICATES

10A NCAC 41H .1001 NEW CERTIFICATES OF BIRTHS FOLLOWING
ADOPTIONS

(a) When a new certificate of birth is prepared by the
State Registrar as prescribed in G.S. 48‑29, all copies of the original
certificate and all other information concerning the original certificate in
the possession of any register of deeds shall be forwarded to the State
Registrar, who shall file them in accordance with the provisions of G.S. 48‑29.
In the event such data have been computerized or otherwise automated, a paper
copy of the identifying data shall be prepared and sent to the State Registrar.
The automated data shall then be removed from the index or otherwise rendered
unusable in a manner approved by the State Registrar.

(b) The record pertaining to an adoption shall not be
sealed until after the adopting parents are furnished a full certified copy or
until they or their legal representatives are notified of the information
entered on the new certificate, so that errors can be identified or corrected
prior to the sealing of the file. After the file is sealed, corrections and
amendments shall be made in accordance with same rules which pertain to birth
records of non‑adopted persons, except that a copy of the adoption order
will be required to correct the name.

History Note: Authority G.S. 48‑29(c); 130A‑92(7);
130A‑118(e);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. May
1, 1991.

10A NCAC 41H .1002 NEW CERTIFICATES OF BIRTH FOLLOWING
LEGITIMATIONS

When a new certificate of birth is prepared by the State
Registrar as prescribed in G.S. 49‑13 and G.S. 130A‑118, the register
of deeds in the county where birth occurred shall send the original birth
certificate to the State Registrar for filing in the sealed file and shall
replace it with a copy of the new certificate prepared by the State Registrar.

For persons whose births are filed on Delayed Certificate of
Birth forms who are adopted or legitimated, new Delayed Certificates of Birth
shall be prepared by the State Registrar in the same manner as prescribed for
regular birth certificates. When certified copies are issued, they shall be
typed on regular certified copy forms with the term "Delayed" added.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

10A NCAC 41H .1004 ACCESS TO ORIGINAL RECORDS

Sealed files of adoptions or legitimations shall be opened
by the State Registrar upon receipt of a court order or may be opened to verify
that the correct record has been placed in the file if there is reason to
suspect that the wrong record was placed in the sealed file.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977.

SECTION .1100 ‑ LEGITIMATIONS

10A NCAC 41H .1101 GENERAL

For all legitimations, a new birth certificate shall be
prepared. The new birth certificate may reflect a new surname when the
conditions of G.S. 130A‑118(c) have been met. The new birth certificate
shall reflect the mother's or father's surname unless otherwise directed by
court order. A copy shall be forwarded to the register of deeds of the county
of occurrence who shall return the original copy to the Vital Records Section.
All materials pertaining to the legitimation shall be placed in a sealed file.

History Note: Authority G.S. 49‑13; 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990.

10A NCAC 41H .1102 LEGITIMATION BY SUBSEQUENT MARRIAGE

(a) Paragraphs (b) through (h) of this Rule establish the
requirements for legitimations by subsequent marriage.

(b) If no name of the father is shown on the original
certificate, affidavits of the mother and father on a form provided by the
Vital Records Section, necessary information about the father and child, and
proof of marriage are required.

(c) If the father's name appears on the original birth
certificate and it is the man whom the mother married, only proof of marriage
is required.

(d) If the father died before signing an affidavit, court
determination of paternity or proof shall be required in lieu of the father's
affidavit. Such proof may be hospital records, medical records, tax records,
service records, or affidavits from close relatives of the father indicating
that the man was the reputed father of the child.

(e) If the birth certificate shows a father other than the
one the mother married, a court determination of paternity will be required.

(f) If the mother is legally married at the time of
conception or birth, but claims that another man is the father and she later
marries the natural father, a court determination of paternity shall be
required in addition to proof of marriage.

(g) If the parents of an illegitimate child marry after the
child reaches the age of six, additional proof of parentage shall be required
such as school or medical records showing the child has used the surname of the
father, hospital records or bills paid by the reputed father, or affidavits
from relatives of the reputed father.

(h) For legitimating a child under G.S. 49‑12 when
another man's name appears on the birth record, proof must be submitted showing
that the man named on the certificate is not the father of the child or a court
order shall be required to remove the name of one man in order to add the name
of another.

History Note: Authority G.S. 49‑13; 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990.

SECTION .1200 ‑ REMOVAL OF GRAVES

10A NCAC 41H .1201 REGISTRATION OF GRAVES REMOVED

(a) Removal of Graves Certificate. A Removal of Graves
Certificate provided by the State Registrar shall be used to permanently record
the facts pertaining to the relocation of graves.

(b) Preparation and Filing. The party effecting the
removal shall:

(1) complete the certificate form by typing or
writing plainly with black ink;

(2) list the name of each decedent if known;
otherwise, enter as much identifying information as may be reasonably
determined;

(3) use continuation sheets of the same format
as the list on the certificate to list additional names as necessary;

(4) file the certificate with maps and
continuation sheets attached with the register of deeds in the county of disinterment
and also in the counties of reinterment within 30 days after completion of the
reinterment; and

(5) pay the register of deeds a fee of one
dollar ($1.00) for each page or portion of a page recorded.

(c) Maps. The party effecting removal shall prepare a map
of both the disinterment and reinterment sites. The map must precisely
describe the disinterment and reinterment sites in such a manner that a layman
can easily identify the location of each site. The maps shall include county,
nearest city or town, public road or intersection of roads in the vicinity, and
any other information which would be helpful in locating the sites. The graves
must be noted and numbered. The names must be listed on the certificate by
number, which corresponds with the numbers on the map. The map shall be
prepared on the same size paper as the certificate whenever possible.

(d) Filing and Indexing. The register of deeds shall:

(1) place the certificate with attachments in a
loose leaf binder or other appropriate medium;

(2) cross index the certificates by name of
cemetery of disinterment and reinterment; This requirement does not preclude
additional cross indexing of the Removal of Graves Certificates by name of
decedent when known; provided, that such cross indexing shall be an option of
the register of deeds and imposes no extra charge to the party effecting
removal; and

(3) retain the certificates and attachments
permanently; In counties using microfilm for recording various documents such
as deeds and deeds of trust, these certificates may be processed as the other
records.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. September
1, 1990.

10A NCAC 41H .1202 FORMS

Source of Forms. The Removal of Graves Certificate may be
obtained from the local register of deeds office. Additional supplies of these
forms may be ordered from Vital Records Section.

History Note: Authority G.S. 130A‑92(7);

Eff. February 1, 1976;

Readopted Eff. November
15, 1977;

Amended Eff. January
1, 1992; September 1, 1990.

SECTION .1300 ‑ ACCESS TO RECORDS

10a ncac 41H .1301 INFORMATION NEEDED FOR LOCATING RECORDS

A person wishing to obtain a copy of a vital record or
obtain a copy therefrom shall be required to furnish at least the minimum
amount of information needed to locate the record. The following minimum
amount of information is required to locate a record:

(1) Births. Registrant's name, father's name (if born
in wedlock), mother's full maiden name, date of birth and place of birth;

(2) Deaths. Name of deceased, age, date of death and
place of death;

(3) Marriages. Name
of bride or groom, date of marriage and county where license was issued;

(4) Divorces. Name of plaintiff or defendant, date of
divorce and place of divorce.

History Note: Authority G.S. 130A‑92(a)(7);

Eff. October 1, 1977;

Readopted Eff. November 15, 1977;

Amended Eff. January 1, 1984;

Transferred and Recodified from 10 NCAC 7G .1301 Eff.
April 4, 1990;

Amended Eff. January 1, 2005; May 1, 1991.

10A NCAC 41H .1302 ISSUANCE OF CERTIFIED COPIES

The State Registrar shall require applicants for certified
copies of vital records to complete and sign an application form before issuing
such copies. Applicants may also be required to produce identification.

History Note: Authority G.S. 130A‑92(7);

Eff. October 1, 1977;

Readopted Eff. November
15, 1977;

Transferred and Recodified from 10 NCAC 7G .1303 Eff. April
4, 1990.

SECTION .1400 ‑ DIVORCE AND ANNULMENT

10A NCAC 41H .1401 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41H .1402 REGISTRATION OF DIVORCES AND ANNULMENTS

(a) The report of divorce and annulment required by G.S.
130A‑111 shall be on the certificate of divorce and annulment form
furnished by the State Registrar. The certificate of divorce and annulment
shall contain as a minimum those items specified on the standard certificate of
divorce and annulment prepared by the federal agency responsible for national
vital statistics. No certificate of divorce and annulment shall be complete
and acceptable for filing that does not contain all information required on the
certificate or that does not contain an explanation for its omission.

(b) The certificate shall be completed by the Clerk of
Superior Court following the granting of a decree of absolute divorce or
annulment. The information necessary to prepare the report shall be furnished
to the clerk by the parties or their legal representatives. The original copy
of all certificates shall be forwarded to the State Registrar on or before the
15th of the month following the month in which the decree was granted. The
carbon copy may be retained by the Clerk of Superior Court for his record of
the action.